HomeMy WebLinkAboutRES 443 Draft 02 2006-2008 qY ®9
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RlESOL.U7CION NO.
(DRAF'T' 2 )
A RESOLUTION AMENDING RESOLUTION NO. 342-07, DRAFT 2, FURTI-IER
AMENDING THE RULES OF PROCEDURE AND ORGANIZATION OF TI-IE
COUNCIL OF TIIE COUNTY OF IIAWAI`I.
WIIEREAS, on November 7, 2007, the Council adopted Resolution No. 342-07, Draft 2,
to amend the Rules of Procedure and Organization of the Council of the County of Hawaii
governing the affairs of the Council; and
WIIEREAS, the Council wishes to further amend the Rules of Procedure and
Organization of the Council of the County of Hawaii by amending Rule No. 2, Meetings; Rule
No. 10, Committee Reports; Rule No. 11, Voting; Rule No. 15, Motions; and Rule No. 16,
Reconsideration; and
WIIEREAS, the impetus for these proposed amendments is to update the Rules of
Procedure and Organization of the Council of the County of Hawaii to be consistent with the
current practices of the Council and to provide clarification to specific areas of these rules; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
amendments to Rule No. 2, Meetings; Rule No. 10, Committee Reports; Rule No. 11, Voting;
Rule No. 15, Motions; and Rule No. 16, Reconsideration, are hereby adopted and incorporated as
attached hereto.
Dated at Hilo , Hawaii, this 9th day of January , 2008.
INTRODUCED BY:
-
COUNCIL MBER, CO OF AWAI
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES AES GX
Hilo, Hawaii FORD X
HIGA X _ _
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated [o the right hereof adopted by the COUNCIL of the IKEDA X _ _
County ofHawai'ion January 9, 2008 IACOBSON X _
NAEOLE X _
A'fl'L'ST: PILAGO
YAGONG
YOSHIMOTO X
` 9 0 0 0
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tti Reference: C-843.2/F'WIRC -48 _
L~14,(.
COT CLERK CHAIRMAN S [NG FF[CER RESOLUTION NO. 443 O"J
(DRAFT 2)
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As Adopted by Resolution No. 4-06
December 4, 2006
As Amended by:
Resolution No. 55-07 on February 22, 2007;
Resolution No. 102-07, Draft 2 on April 18, 2007;
Resolution No. 342-07, Draft 2 on November 7, 2007; and
Resolution No. 443-07, Draft 2 on January 9, 2008.
RULES OF PROCEDURE IlND ORCaANIZI~TION
OF 7'~4E COUNCIL OF TFOE COUNTY HAl~dAI~I
Ts4~LE OF CONTENTS
Page
RULE NO. 1 INITIAL CONVENING OF THE COUNCIL 1
RULE NO. 2 MEETINGS ..........................................................................................................................................2
RULE NO. 3 QUORUM .............................................................................................................................................4
RULE NO. 4 OFFICERS AND THEIR DUTIES .......................................................................................................5
RULE NO. 5 COMMITTEES .....................................................................................................................................7
RULE NO. 6 STANDING COMMITTEES ...............................................................................................................9
RULE NO. 7 SUBCOMMITTEES l 1
RULE NO. 8 AD HOC COMMITTEES ...................................................................................................................12
RULE NO. 9 COMMITTEE OF THE WHOLE .......................................................................................................13
RULE NO. 10 COMMITTEE REPORTS .................................................................................................................14
RULE NO. 11 VOTING ...........................................................................................................................................15
RULE NO. 12 DISCLOSURE OF INTEREST ........................................................................................................18
RULE NO. 13 PETITIONS ......................................................................................................................................19
RULE NO. 14 PUBLIC STATEMENTS AND TESTIMONY ................................................................................20
RULE NO. 15 MOTIONS ........................................................................................................................................22
RULE NO. 16 RECONSIDERATION .....................................................................................................................24
RULE NO. 17 ORDER OF BUSINESS ...................................................................................................................25
RULE NO. 18 AMENDMENTS AND REVISIONS OF THE RULES OF PROCEDURE ....................................26
RULE NO. 19 SUSPENSION OF RULES ...............................................................................................................27
RULE NO. 20 ORDER AND DECORUM ...............................................................................................................28
RULE NO. 21 APPOINTMENTS ............................................................................................................................29
RULE NO. 22 NEWS MED1A .................................................................................................................................30
RULE NO. 23 MANDATORY PROGRAM REVIEW ............................................................................................31
RULE NO. 24 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE ............32
RULE NO. 25 BILLS AND RESOLUTIONS ..........................................................................................................33
RULE NO. 26 PARLIAMENTARY AUTHORITY ................................................................................................38
RULE NO. 27 INVOCATION ..................................................................................................................................39
RULE NO. 28 COUNCIL MEMBERS, STAFF AND ALLOWANCES 40
RULE NO. 29 COUNTY CLERK ............................................................................................................................44
RULE NO. 30 DEPUTY COUNTY CLERK ...45
RULE NO. 31 LEGISLATIVE RESEARCH BRANCH .....................................................................46
RULE NO. 32 LEGISLATIVE AUDITOR ..............................................................................................................47
RULE NO. 33 SEVERABILITY ..............................................................................................................................48
RULE N0. 1
INITIAL CONVENING OF THE COUNCIL
1. When the time specified by law arrives for the first convening of the newly elected
Council and until such time as the Chairperson and Presiding Office shall be elected, the Mayor
shall preside at such meeting, provided that the Mayor shall not have a vote. (Section 3-6, Hawaii
County Charter)
2. The Mayor shall call the meeting to order and appoint a temporary Clerk.
3. The Mayor shall then appoint a Credentials Committee of not less than three
members. The Credentials Committee shall immediately examine the credentials of the Council
Members-elect. If the credentials are in order, the Credentials Committee shall so report. The
Mayor, as the temporary Chairperson, shall then request a motion to elect the Chairperson of the
Council.
Immediately after being elected, the Chairperson shall assume the position of the
Presiding Officer, and the Council shall then elect the Vice Chairperson of the Council and appoint
the County Clerk as provided by Section 3-6, Hawaii County Charter. The Council shall then adopt
the Council rules of procedure and appoint the Chairpersons and Vice Chairpersons of the standing
committees by resolution.
5. The rules of procedure shall become effective upon adoption and shall remain in
effect until amended or revised as provided herein.
1
RULE NO. 2
MEETINGS
1. R~ular Meetings. The Council shall meet regularly at least twice in every month at
the place and time designated by the Council. Whenever possible, the meetings will be scheduled
on the first and third Wednesday of each month. The Council shall hold an equal number of
Committee and Council meetings in East and West Hawaii, subject to meeting location availability
in West Hawaii and adequate personnel, equipment, and support services to comply with
statutory, legal and processing deadlines. Whenever possible, videoconferencing shall be provided
for all Committee and Council meetings.
2. Special Meetinas. Except as otherwise provided by law, special meetings may be
called by the Chairperson or a majority of the Council.
(a)Whenever possible, the date, time, place and specific purposes of such meetings
shall be announced prior to adjournment of a regular meeting. If not announced at a regular
meeting, written notice must be filed in accordance with HRS § 92-7 and § 13-20(c) of the Hawaii
County Charter.
(b) An agenda for the special meeting shall be posted outside the Council offices
and, if possible, on the website.
3. Committee Meetinas. Except as otherwise provided, those standing committees
having referrals shall meet on the day preceding a regular Council meeting or at other places
and/or times designated by the Council.
4. Scheduling. The Council Chairperson shall be authorized to schedule or reschedule
the location, time, date and/or subject matter of regular, special, or committee meetings and to
publish public notice upon giving at least six (6) days notice to the public and Council Members,
provided the Committee Chairperson is consulted about the scheduling or rescheduling of a
Committee meeting. The Council Chairperson shall promptly notify all Council Members and the
County Clerk by written memorandum as to the scheduling or rescheduling of any such meetings.
5. Executive Sessions. The Council may hold a meeting closed to the public for one or
more of the purposes set forth in HRS § 92-5, or where personal matters affecting the privacy of
an individual are to be considered and the individual involved requests a closed meeting to
consider such matter; however, any resultant official action shall be acted upon in an open
meeting in accordance with § 13-20(b), Hawaii County Charter.
6. Emergency Meetings. If the Council finds that an imminent peril to the public
health, safety, or welfare requires a meeting in less time than is provided for in HRS Chapter 92,
2
the Council may hold an emergency meeting or add an emergency item to a posted agenda
provided:
(a) The Council states in writing the reasons for its findings;
(b) Two-thirds of all Council Members agree that the findings are correct and an
emergency exists;
(c) An emergency agenda and the findings are filed with the Office of the
County Clerk; and
(d) Persons requesting notification are contacted by mail or telephone as soon
as practicable.
7. Sine Die. Sine Die is the last scheduled meeting of an outgoing Council and is not
considered a regular meeting.
(a)Only resolutions shall be allowed on the agenda.
(b) No other legislative proceedings shall be allowed with the exception of
addressing emergencies.
(c) The meeting shall start at 9:00 A.M., at a location designated by the Council
Chairperson.
8. Availabilit~r of Agenda to Council Members. Except as otherwise provided by law,
the agenda and pertinent documents for a regular meeting of the Council or a Committee shall be
made available to Council Members at least seven (7) calendar days prior to the meeting.
9. Attendance. No Council Member may be absent from a meeting of the Council or a
standing committee unless such Council Member has been excused by the Council or Committee
Chairperson. If a Council Member is unable to attend a meeting, prior written notice shall be given
to the Council or Committee Chairperson.
10. Recesses. Notwithstanding the need to occasionally call for short recesses or lunch
breaks, when there may be unusual circumstances for the Chairperson to call for a recess, the
Chairperson shall announce the anticipated length of the recess and time of reconvening.
3
RULE N0. 3
UQ ORUM
1. A majority of the entire membership of the Council or a committee shall constitute a
quorum for meetings, but a smaller number may adjourn from time to time, and may compel the
attendance of absent members. (Section 3-7, Hawaii County Charter)
The term "entire membership", as it pertains to Council voting, means the entire
membership of nine members even if there are vacancies. (Section 3-7, Hawaii County Charter)
2. In the absence of a quorum, a meeting may not be convened except for the
purpose of either recessing the meeting to another date, time and location certain or publicly
adjourning the meeting due to a lack of quorum.
4
RULE N0. 4
OFFICERS AND ThiEIR DUTIES
1. Officers. The officers of the Council shall consist of the Chairperson and Vice
Chairperson who shall perform the duties prescribed by law and these rules. Each shall be elected
by a majority vote of the entire membership of the Council and serve at its pleasure. Any vacancy
shall be filled in like manner.
2. Presidin4 Officer. The Chairperson of the Council shall be the Presiding OfFicer of
the Council and have the right to vote as other members. In the absence or disability of the
Chairperson, the Vice Chairperson shall act as the Presiding Officer. In the absence or disability of
both the Chairperson and Vice Chairperson, the Council shall elect from among its members a
temporary presiding officer and the Finance Committee Chairperson shall serve as the Chairperson
Pro Tempore for purposes of presiding over the election.
It shall be the duty of the Chairperson to:
(a) Open all meetings of the Council at the appointed hour by taking the
Chairperson and calling the Council to order.
(b) Call for the approval of the minutes of the preceding meeting.
(c) Maintain order and proper decorum and reasonably administer the receipt of
oral and written testimony in accordance with these rules. The Chairperson
shall not engage in debate or discussion of any issue unless first
relinquishing the Chairperson to the Vice Chairperson.
(d) Announce the business before the Council in the order prescribed by these
rules and the results of any Council vote.
(e) Sign all documents and authenticate all official acts of the Council as
required.
(f) Receive all reports, communications, bills, resolutions, and other items from
the public, the Mayor, various departments of the government, and
individual Council Members, and immediately make the proper referrals of
these matters to the Council or to the appropriate Committee
Chairperson(s). All communications shall be numbered and made available
to the public, except as otherwise provided by law. (Section 13-20(a),
Flawai'i County Charter)
(g) Authorize (approval or deny) requests for items to be waived to the Council
agenda upon written approval of the Committee Chairperson.
5
(h) Provide for the coordination of all meetings, functions, and legislative and
administrative activities of the Council, and assure that they are honestly,
efficiently and lawfully conducted.
(i) Make known all rules of order when so requested and decide all questions of
order and procedure, subject to appeal to the Council.
(j) Serve as the chief spokesman and representative of the Council for matters
before the public, the state and the federal governments, and the County
administration in accordance with the official position of the Council.
(k) Assist the Chairpersons and members of the Committees and
Subcommittees by assuring the availability of adequate administrative and
staff support.
(I) Authorize (approve or deny) all travel requests of Council Members and staff
as provided in the Section 13-17, Hawaii County Charter, and Article 16,
Section 2-94(a) and (b), Hawaii County Code.
(m) Recommend a calendar of events to include Council meetings, Committee
meetings, agenda deadlines, recesses, special meetings, holidays, etc.
6
RULE N0. 5
COMMII°TEES
1. T~rpe. There shall be four (4) types of committees:
(a) Standing Committees
(b) Subcommittees
(c) Ad Hoc Committees
(d) Committee of the Whole
2. Establishment. The members of the Council shall establish all standing committees
and designate the Committee Chairperson and Vice Chairperson or Co-Chairpersons of each
standing committee by resolution at the initial convening of the Council. The other committees
shall be established in accordance with these rules.
3. Purpose and Duty. The purpose of the committees is to expedite the business of
the Council by permitting committees to go into details on specific matters. It shall be the duty of
the standing committees to consider and make recommendations on matters referred to such
committees.
4. Members. The Chairperson and all members of the Council shall be members of
each standing committee with voting privileges. Membership in the other committees shall be in
accordance with these rules.
5. Procedures.
(a) All referrals forwarded to the standing committees shall, upon compliance
with the mandated six-calendar day posting notice, be placed on the agenda
of the respective standing committees upon the direction of the Committee
Chairperson.
(b) Any recommendation or determination by a committee shall be dispensed
with by a formal motion and vote.
(c) A standing committee may expedite its business by means of referring
matters to a subcommittee or an ad hoc committee.
(d) A public hearing may be required by an affirmative vote of three standing
committee members. The time and place of a public hearing shall be set by
the Committee Chairperson or by a majority vote of the committee and may
be held in the area or district affected.
7
6. Committee Chairperson.
(a) The Chairperson of each committee shall preside at all meetings, and
prepare and be responsible for agenda and reports for each meeting.
(b) In the absence of the Committee Chairperson, the Vice Chairperson shall
perform the duties of the Chairperson. In the absence of both the
Chairperson and Vice Chairperson of a standing committee, the committee
shall elect from among its members a temporary Chairperson.
(c) The Chairperson of each standing committee shall receive all referrals to the
committee and may place referrals on the agenda, provided that matters
required by law for Council action, bills, and resolutions shall be placed on
the committee agenda within the two scheduled meetings of the date of the
referra I .
(d) At the written request of any Council Member, the appropriate Committee
Chairperson shall place a requested item(s) on the agenda within the next
two scheduled committee meetings.
(e) Upon a written request and with the written concurrence of the appropriate
Committee Chairperson, the Council Chairperson may authorize any item to
be waived from the committee directly to the Council agenda.
7. Other. In all other matters, committees shall conduct their business in accordance
with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
8
RULE N0. 6
STANDING COMMITTEES
1. There shall be seven (7) standing committees as follows:
(a) Committee on Finance
(b) Committee on Planning
(c) Committee on Public Works and Intergovernmental Relations
(d) Committee on Public Safety and Parks and Recreation
(e) Committee on Numan Services and Economic Development
(f) Committee on Environmental Management
(g) Committee on Food and Energy Sustainability
The Chairpersons and Vice Chairpersons of each committee shall be determined by
resolution.
2. The scope and responsibilities of the standing committees shall include, but
not be limited to, the following:
(a) Committee on Finance:
(1) Matters related to auditing, budget, capital improvement projects,
improvement districts, lease agreements, appropriations, general
obligation and revenue bonds, taxes, intergovernmental revenues,
licenses, fees, data systems, procurement policies, and personnel
transactions.
(2) Matters related to the establishment of the annual county operating
and capital budgets, including the setting of real property tax rates.
(b) Committee on Plannina:
Matters related to public lands, general plan, community development plans,
subdivision control, zoning, land use, infrastructure requirements, coastal
zone management, forestry, historic sites and trails, cultural resources,
water and water development, street names and public access.
(c) Committee on Public Works and Intergovernmental Relations:
(1) Matters related to management of public facilities, building, fire,
plumbing and related codes, dedication deeds, street and other
public improvement dedications, easements, cemeteries, highways,
flood and drainage, public utilities, traffic control, sign regulations,
and beautification.
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(2) Matters related to public transportation/mass transit.
(3) Matters related to state and federal legislation, Ilawai`i State
Association of Counties, National Association of Counties,
state/county overlapping functions, and federal, state and county
agency relations.
(d) Committee on Public Safety and Parks and Recreation:
(1) Matters related to police and fire protection, civil defense, liquor
control, animal control, and the prosecuting attorney.
(2) Matters related to parks and recreation, youth activities, and elderly
activities.
(e) Committee on Human Services and Economic Development:
(1) Matters related to research and economic development programs,
market development, tourism, education, scientific research, food
processing, health care, astronomy and space projects, diversified
agriculture, aquaculture, foreign trade zones, enterprise zones,
telecommunications, and industrial activities.
(2) Matters related to human services, social service agencies, and non-
profit programs.
(f) Committee on Environmental Management:
Matters related to the protection, preservation, and enhancement of the
environment, management of solid and hazardous waste, wastewater, and
recycling programs.
(g) Committee on Food and Eneray Sustainability:
Matters related to food sustainability, solar energy, geothermal energy,
wind, biomass, hydropower, and energy-efficient technologies for buildings,
homes, transportation, and power systems.
10
RULE N0. 7
SUBCOMMITTEES
1. Establishment. A standing committee may, by adopting a motion of a majority of its
members, initiate and establish a subcommittee.
2. Pur ose. The Chairperson of the initiating committee shall specify the purpose of
the subcommittee and shall set a schedule for the completion of its work.
3. Chairperson. The Chairperson of the initiating committee shall remain as
Chairperson of the subcommittee, unless otherwise specified by a majority of the members of the
standing committee.
4. Members. The members of any subcommittee shall be selected from members of
the initiating committee and shall consist of not less than three (3) members who shall be selected
by a majority vote of the members of the initiating committee.
5. Meetinas. Meetings of a subcommittee shall be conducted in accordance with the
law and these rules.
6. Reports. Upon the request of the initiating committee Chairperson or at the
completion of its work, the subcommittee shall file a brief written report its findings to the initiating
standing committee.
7. Other. In all other matters, each subcommittee shall conduct its business in
accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
11
RULE NO. 8
AD HOC COMMITTEES
1. Establishment. The Chairperson of a standing committee may initiate and establish
an ad hoc committee as needed.
2. Purim. The Chairperson of the initiating committee shall specify the purpose of
an ad hoc committee and set a schedule for the completion of its work.
3. Chairperson. The Chairperson and Vice Chairperson, if any, of an ad hoc committee
shall be appointed by the Chairperson of the initiating committee.
4. Members. The members of an ad hoc committee shall be selected from members
of the initiating committee and shall consist of not less than three (3) members who shall be
selected by the Chairperson of the initiating committee.
5. Me2tinQS. Meetings of an ad hoc committee shall be conducted in accordance with
law and these rules.
6. Reports. Upon the request of the initiating Committee Chairperson or at the
completion of its work, the ad hoc committee shall report its findings to the initiating standing
committee.
7. Other. In all other matters an ad hoc committee shall conduct its business in
accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
12
RULE NO. 9
COMMITTEE OF THE WHOLE
1. Establishment. Upon a majority vote of its members, the Council may resolve itself
into a Committee of the Whole on any bill, resolution or matter for discussion.
2. Chairperson. The Chairperson of the Council shall be the Chairperson of the
Committee of the Whole, unless otherwise specified by a majority vote of the members of the
Council.
3. Records. The County Clerk shall be the clerk of the Committee of the Whole and
shall make a complete record of its proceedings which shall be kept as one of the public records of
the Council.
4. Other. In all other matters, the Committee of the Whole shall conduct its business
in accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
13
RULE N0. 10
COMMITTEE REPORTS
1. Standing committees shall report as necessary or required on matters referred to
them.
2. Whenever any matter is referred to a Committee, it shall be the duty of such
Committee to make diligent inquiry into all of the facts and circumstances that may be connected
to such matter. The Corporation Counsel, department heads, and other County employees may be
consulted, witnesses may be summoned and examined, documents and records requested and
researched and, as may be permitted by law, everything done to bring all facts pertaining to such
matters before the Committee.
3. The report of a Committee on any matter shall be signed by its Chairperson and
shall state the findings of fact and conclusions based thereon, together with a clear
recommendation as to the disposal of such matter. The report also shall indicate the vote of the
Committee.
4. The report of a Committee on a bill or resolution shall state clearly the
amendments, if any are proposed; however, no bill or resolution may be amended so as to change
its original purpose.
5. In the event a Committee fails to have total agreement, the Committee Chairperson
shall transmit a majority report to the Council and the same shall be the report of the Committee.
The Committee minority may file a separate Committee report. In the event that Committee
members are evenly divided on any question or if the question does not receive a majority vote
due to members in absentia, the subject matter shall be forwarded to the Council with a negative
recommendation.
6. Unless waived directly to the Council, all bills, resolutions and matters requiring
Council action shall be forwarded to the Council with a Committee report.
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RULE N0. 11
VOTING
1. There shall be five (5) methods of voting:
(a) By voice
(b) By raising of hands
(c) By rising
(d) By unanimous consent
(e) By roll call
2. On procedural motions and motions to amend the main motion, the Chairperson,
after stating the question, shall call for an "aye" or "no" voice vote, after which s/he shall
announce the result. If the vote is not unanimous, the Chairperson shall state the question and
call for a roll call vote, after which s/he shall announce the result, or in place of a roll call vote
announce the names of the members voting in the minority. Upon the request of any member of
the Council, the Chairperson shall use a roll call vote.
3. Voting in Committees shall be by voice vote, after which the Chairperson shall
announce the result. If the vote is not unanimous, the Chairperson shall re-state the question and
call for a roll call vote, after which s/he shall announce the result, or in place of a roll call vote
announce the names of the members voting in the minority. Upon the request of any committee
member, the Chairperson shall use a roll call vote.
4. Voting on every bill, resolution or nonprocedural motion at Council meetings shall
be by roll called by the County Clerk. When called, each member shall answer in a clear voice
"aye" if voting in the affirmative, or "no" if voting in the negative. The County Clerk shall record
each vote in the minutes and report to the Chairperson, who shall announce the result of the vote
to the Council.
5. Any Council Member who has reservations, pro or con, on any motion may vote in a
clear voice "kanalua." After all the members have voted, the Committee Chairperson or Clerk, as
the case may be, will again ask any members who voted "kanalua" to give a voice vote. If the
voting member again votes "kanalua," the vote shall be recorded as an "aye" vote.
6. No member shall refrain from voting unless excused by the Chairperson or is
otherwise excused as provided herein. Unless a member is excused from voting, silence shall be
recorded as an affirmative vote.
15
7. Whenever the ayes and noes are called, a Council Member shall not be permitted to
explain a vote. After the announcement of the result, a Council Member shall not be permitted to
change a vote.
8. In the event of a tie vote, the following procedures apply:
(a) In the case of a tie vote on the final vote on the main motion considered by
a Committee, the matter shall be forwarded to the Council with a negative
recommendation. For any other motions, such as motions to amend, the
motion shall fail.
(b) In the case of a tie vote on any motion considered by the Council, the
motion fails.
9. Official Action. No official action shall be taken except at a meeting open to the
public in accordance with Section 13-20(b), Hawaii County Charter. Business conducted by the
Council during a meeting, which does not conform to the provisions of Section 13-20, shall be null
and void in accordance with Section 13-20(d), Hawaii County Charter.
Except as otherwise provided by law or these rules, "Official Action" means a
collective decision or an actual vote by a majority of the members of the Council, when sitting as a
body or an entity, upon any matter before the Council. (Section 3-20, Hawaii County Charter)
10. Unless otherwise provided, the vote of a majority of the entire membership of the
Council or Committees shall be necessary for a motion to pass.
11. An affirmative vote of at least two-thirds of the entire membership of the Council
shall be required to:
(a) Apply the proceeds from the issuance of County bonds for purposes other
than those for which such bonds were initially issued (Section ~7-5, Hawaii
Revised Statutes);
(b) Override the mayor's veto (Section 3-12, Hawaii County Charter);
(c) Authorize the employment of special counsel (Section 6-2.5, Hawaii County
Charter);
(d) Make an emergency appropriation by ordinance (Sections 3-11 and 10-8,
Hawaii County Charter);
(e) Amend the capital budget (Section 10-6(d), Hawai`i County Charter);
(f) Cut off debate by a motion to the previous question;
(g) Revise or suspend these rules; or
(h) Initiate amendments or revisions to the Hawaii County Charter.
16
12. The Council may hold an executive meeting closed to the public upon an affirmative
vote, taken at an open meeting, of two-thirds of the members present, provided the affirmative
vote constitutes a majority of the members to which the Council or Committee is entitled. (Section
92-4, Hawaii Revised Statutes)
13. Upon aone-third vote of the entire membership, the Council shall be required to:
(a) Hold full readings and public hearings on ordinances or resolutions
(Section 3-9, 3-10(a), Hawaii County Charter), or
(b) Lay over an amended bill for at least one week before final reading
(Section 3-10(d), e-lawai'i County Charter).
14. Bills and resolutions covering similar subject matters and requiring three readings
for approval may be considered and voted upon as a group on first reading with the unanimous
consent of the entire membership.
17
RULE N0. 12
DISCLOSURE OF INTEREST
1. Any member who has a substantial financial and/or personal interest, direct or
indirect, in any action proposed or pending before the Council or a Committee, shall make full
disclosure in writing to the Chairperson of such interest prior to the taking of any vote thereon as
provided by Section 14-3(a), Hawai`i County Charter.
2. Any member who has a substantial financial and/or personal interest directly
affected in any action proposed or pending before the Council or a Committee shall refrain from
deliberating on said action and shall be excused from voting on the matter thereon.
(a) "Substantial" means an interest which is sufficient in magnitude to influence
one's official action.
(b) "Financial interest" means an interest held by a Council Member, his or her
spouse, or dependent children which is
(1) an ownership interest in a business,
(2) a creditor interest in an insolvent business,
(3) an employment, or prospective employment, for which negotiations
have begun,
(4) an ownership interest in real or personal property,
(5) a loan or other debtor interest, or
(6) a directorship or officership in a business.
3. Such written disclosure of financial or personal interest in any proposal pending
before the Council and its Committees, shall be recorded in the minutes of the meetings of the
Council and its Committees, and shall be made a matter of public record prior to the taking of any
vote on such proposal as provided in Section 14-3(b), Hawai`i County Charter. Such written
disclosure shall be applicable to all subsequent actions relating to the same subject matter.
4. Prior to any vote in the Council or a Committee on a proposal for which the Council
Member has made a written disclosure of a financial or personal interest, the Council Member shall
also orally disclose the interest to the Council or Committee after each motion and second on the
proposal, but before the commencement of debate on the motion or, if there is no debate, before
the calling of the question on the motion.
18
RULE NO. 13
PETITIONS
1. Any person may petition the Council. Petitions shall be in writing, signed by the
petitioners.
2. All petitions and other papers addressed to the Council shall be presented by the
Chairperson or by a Council Member, and shall be endorsed by the person presenting it. The
petition or other papers shall be made part of the official records kept by the Clerk, provided that
all documents so received shall be referred to Committee as appropriate.
3. A brief statement of the contents of any petition or other papers shall be made
verbally by the one presenting the same.
4. Petitions relating to Initiative and Referendum shall follow procedures pursuant to
Article XI, Nawai~i County Charter.
19
RULE N0. 14
PUBLIC STATEMENTS AND TESTIMONY
1. Written testimony. Written testimonies shall be received for the record on any
agenda item. If possible, sixteen (16) written copies of the testimony should be prepared for
presentation to the Council or Committee 24 hours prior to convening of the meeting.
2. Oral Testimony. Oral statements from any member of the public shall abide by the
following:
(a) Pursuant to Chapter 92, hlawai'i Revised Statutes, any person wishing to
present oral testimony on any agenda item may do so consistent with this
rule.
(b) Persons wishing to present oral testimony relating to items listed on the
Order of Business shall register with the Clerk prior to the convening of the
meeting, giving their name, address, the organization they represent, if any,
and the item on which they wish to speak and their position thereon, if any.
Each person may speak for three minutes subject to the discretion of the
Chairperson.
(c) Each person must speak at the time of calling, unless the Chairperson
determines otherwise.
(d) No person will be allowed to speak twice on the same subject.
(e) Any person wishing to speak on more than one subject shall register
separately for each agenda item.
(f) Those speaking shall direct their remarks to the Chairperson and not to any
individual Council Member or person in the audience.
(g) All members of the public shalt extend proper courtesy and respect to one
another and to all Council Members, and all persons shall be addressed by
their surnames. No profanity or abusive remarks will be allowed at any time
in any meeting.
(h) Any person, not a member of Council, who is disrespectful to the Council or
any Committee by any disorderly or contemptuous behavior in its presence
or who disrupts the exercise of any legislator's function, may be removed
from the meeting at the discretion of the Chairperson.
(i) Any person who does not abide by these rules may be ruled out of order by
the Chairperson.
20
3. Nothing in this rule shall diminish the responsibility or the authority of the
Chairperson to maintain order and decorum.
21
RULE N0. 15
MOTIONS
1. No motion may be received and considered by the Council or a Committee until the
same has been seconded.
2. No floor amendment to a bill or resolution shall be considered unless a written copy
of the amended version has been presented to the County Clerk for preparation and distribution to
each Council Member present. However, a floor amendment may be verbal if limited to correction
of manifest clerical or typographical errors or errors in numbering, spelling, capitalization,
punctuation, grammar, and gender terms, provided that the correction will not alter the meaning
or effect of the underlying bill or resolution.
3. After a motion is stated or read, it is deemed to be in the possession of the Council
or Committee, and it shall be disposed of by vote of that body. However, any motion may be
withdrawn by the movant without consent of the corresponding second at any time before a
decision or amendment.
4. Whenever any question is under discussion, the precedence of motions thereto shall
be to:
(a) Lay on the table.
(b) The previous question.
(c) Postpone to a certain time.
(d) Commit (or refer).
(e) Amend.
(f) Postpone indefinitely.
(g) Close file on subject matter.
The first two motions shall be decided without debate.
5. Previous~uestion. The object of a motion for the previous question is to cut off
debate. However, when this motion is carried by two-thirds (2/3) majority, the introducer of the
main subject under discussion shall be permitted to close the debate, after which the main
question shall be put; provided, however, that the introducer may delegate to another such right
to close.
6. POStpone Indefinitely. When a question is postponed indefinitely, the same shall
not be acted upon again or revived at any subsequent meeting of the Council which so disposed of
such questions unless by consent of the majority of the Council.
22
7. When a motion in one of the categories described in paragraph or another
incidental motion fails or is decided in the negative, the same shall not be revived at the same
meeting relative to the main question under discussion. If all fail or are decided in the negative,
the only remaining question shall be as to the passage or adoption of the bill, resolution, or other
main question.
8. Adjournment. Meetings may be adjourned at any time by motion and vote. Unless
otherwise specified in the motion, every meeting shall be considered adjourned to the usual hour
of meeting on the next regular meeting date. A motion to adjourn is always in order and shall be
decided without debate.
23
RULE N0. 16
RECONSIDERATION
1. A reconsideration motion is made when a Council or Committee member wishes to
re-discuss and revote on a prior action not yet enacted into law. The effect of granting
reconsideration is to bring the entire matter back to the Council/Committee in the form it appeared
prior to the last vote on the matter. It reopens the motion for amendment.
2. When a motion has been made and carried in the affirmative or negative, any
Council member voting with the prevailing side may move for a reconsideration of the vote on the
motion at the same meeting or at the next meeting. However, any Council member who wishes to
ask for a motion to reconsider at the next meeting must notify the Council or Committee
Chairperson and County Clerk in writing of their intention to make such a motion within five (5)
working days after the disposition of the motion to be reconsidered. A motion to reconsider the
vote made at the time any bill or resolution fails to pass final reading shall not be voted upon until
twenty-four (24) hours have elapsed. (Charter §3-10(e)).
3. Bills and resolutions that have passed final reading shall remain in the possession of
the Council and the Clerk shall not transmit, file, or otherwise dispose of them until the time has
expired for Council members to notify the Council Chairperson and County Clerk in writing of their
intention to make a motion to reconsider at the next meeting, unless it is deemed filed pursuant to
ordinance or the time for its passage has expired by operation of law. If the motion to reconsider
fails, the vote previously taken on the bill or resolution shall become final, and the Clerk shall so
note in the journal.
4. A motion for which notice of reconsideration was timely made shall be placed on the
agenda for the next meeting under "Other Business" unless the reconsideration is taken at the
same meeting as the original action.
5. A motion can be reconsidered only once.
6. Any bill or resolution that has failed cannot be reintroduced in substantially the
same form during a Council term.
7. For purposes of this rule, "next meeting" means the first meeting when the motion
to reconsider can be placed on the agenda for decision-making consistent with the public notice
requirements of the Sunshine Law.
24
RULE NO. 17
ORDER OF BUSINESS
1. Subject to the discretion of the Chairperson and prior to the Call to Order, an
invocation may be delivered in accordance with Rule 29.
2. The following shall be the Order of Business for the Council:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Approval of Minutes
5. Petitions, Memorials, Communications, Certificates of Merit and Expressions
of Condolence
6. Order of Resolutions
7. Bills for Ordinances (First Reading)
8. Order of the Day (Second or Final Reading)
9. Reports
10. Referrals for Executive Session
11. Other Business
12. Announcements
13. Adjournment
3. The Chairperson shall schedule Statements from the Public throughout the Order of
Business to increase convenience for the public who wish to testify or to be present for Council
debate and decision-making.
25
RULE N0. 18
AMENDMENTS AND REVISIONS OF T{~E RULES OF PROCEDURE
1. Amendments. These rules may be amended at a regular Council meeting by a
resolution approved by an affirmative majority vote of the entire membership of the Council;
provided that at least six (6) days advance written notice of such amendment(s) and meeting are
first given to each member.
2. Revisions. Whenever changes of the rules are so extensive and general that they
are scattered throughout the rules such that an entirely new set of rules called a revision is
necessary, then such revision shall require the adoption of a resolution by atwo-thirds affirmative
vote of the entire membership of the Council. The notice requirements shall be the same as those
for amendments.
26
RULE N0. 19
SUSPENSION OF RULES
1. When the Council or Committee proposes to do something that it cannot do without
violating one or more of these rules, it can adopt a motion to Suspend The Rules interfering with
the proposed action; provided, however, that neither the proposal nor the suspension shall result
in a conflict with any constitutional provision, local, state, or national law or the fundamental
principles of parliamentary law.
2. A motion to Suspend The Rules is:
(a) An incidental motion, and no subsidiary motion can be applied to it.
(b) Out of order when another has the floor.
(c) Not debatable or amendable.
3. Such a motion requires atwo-thirds vote of the entire membership, unless
otherwise provided, and cannot be reconsidered.
27
RULE NO. 20
ORDER AND DECORUM
1. All hearings and meetings will begin promptly at the scheduled announced time.
2. A Council Member must be recognized by the Chairperson before speaking. The
member shall address the Chairperson when recognized and shall confine discussion to the
question under debate and avoid personalities.
3. Any Council Member who arrives late at a hearing or meeting shall refrain from
taking the Council's or Committee's time with questions and inquiries on matters already
discussed.
If any Council Member behaves in a disorderly or contemptuous manner during any
session of the Council or Committee, the Chairperson shall order such member to cease and shall
preserve the peace. If the Council Member persists, the Chairperson shall order the County Clerk
or a designated person to remove the Council Member from the meeting, and that Council Member
shall not be permitted to be seated during the remainder of the session, except upon approval of
the Chairperson or by majority vote of the Council.
5. All Council Members shall extend proper courtesy and respect to one another and to
all persons speaking before the Council, and all persons shall be addressed by their surnames. No
profanity or abusive remarks shall be allowed at any time in any meeting.
6. Any Council Member, upon recognition by the Chairperson, may address another
Council Member or person testifying before the Council or Committee.
7. Any Council or Committee Member wishing to be excused for any length of time
during the meeting must have permission of the Chairperson to do so. (Alternative, move for
recess.)
8. Nothing in this rule shall diminish the responsibility or authority of the Chairperson
to maintain order and decorum.
9. No Council Member may speak longer than five (5) minutes, nor may any member
speak more than twice on the same question without leave of the Chairperson, subject to an
appeal to the Council, unless the Council Member is the maker of the motion or sponsor of the
matter pending, in which case the Council Member may speak in reply, but only after every other
Council Member choosing to speak has spoken.
10. In the case of the Committee of the Whole, a subcommittee, or an ad hoc
committee, a Council Member may speak more than twice on a matter before that body, but only
after every Council Member choosing to speak has spoken.
28
RULE NO. 21
APPOINTMENTS
1. Qualifications. No Council Member shall appoint any person to any office or position
which is exempt from the civil service laws until satisfied by proper investigation that the person to
be appointed is fully qualified by experience and ability to perform the duties of that office or
position. (Section 13-3, Hawaii County Charter)
2. Prohibitions.
(a) No person who seeks appointment or promotion with respect to any County
position shall directly or indirectly give, render or pay any money, service or
other valuable thing to any person for or in connection with their test,
appointment, proposed appointment, promotion or proposed promotion.
(Section 13-10, Hawaii County Charter)
(b) No Council or staff member who has the power of appointment by the
Hawaii County Charter or ordinance shall appoint, employ, promote or
advance an individual who is a relative of the Council or staff member to any
office or position under their supervision.
The word "relative" shall mean an individual who is related to the Council or
staff member as father, mother, son, daughter, brother, sister, uncle, aunt,
first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
step-father, step-mother, step-son, step-brother, step-daughter, step-sister,
half-brother or half-sister. (Section 13-10, Hawaii County Charter)
(c) No Council or staff member shall use their official position to secure special
privileges, consideration, treatment or exemption to themselves or any
person beyond that which is available to every other person.
(Section 14-2(b), Hawai`i County Charter)
(d) No person in a supervisory capacity shall engage in personal or business
relationships with subordinates which might intimidate said subordinate, in
the discharge of their official duties. (Section 14-4(b), Hawai`i County
Charter)
29
RULE NO. 22
NEWS MEDIA
1. Members of the news media covering the business of the Council or its Committees
may be assigned to selected areas by the Chairperson
2. Except as provided by law, members of the news media shall be permitted to
televise and sound-record the proceedings of the Council and its Committees under such rules
and/or conditions as the Chairperson may prescribe.
30
RULE NO. 23
MAN®ATORY PROGRAM REVIEW
1. In order to comply with Section 3-16, Hawaii County Charter, relating to Mandatory
Program Review:
(a) The Council shall conduct a critical review of every program of all
departments or agencies supported wholly or partially by County funds
during the Council's annual operating and capital budget and program
approval process.
(b) The Council, through its Committee on Finance, shall review the operating
and capital budget and program information submitted by the Mayor
pursuant to Article X, Hawaii County Charter. In addition to information set
forth in Sections 10-3 and 10-6, Hawaii County Charter, the Committee may
request the departments or agencies for other information that would assist
in its review of the programs. Such information may include, but shall not
be limited to, the statutory authority for the program, program goals and
objectives, outcome results and a department or agency assessment of the
program's performance.
(c) The Committee shall report its review and findings to the Council for
consideration and funding.
(d) The Council may approve a program's continued funding at existing or
modified levels, or the Council may terminate a program and its funding.
(e) If warranted, the Council may conduct further research into a program in
accordance with these rules.
2. Further research into a program or issue may be conducted by:
(a) A standing committee.
(b) The Office of the Legislative Auditor pursuant to adoption of a Council
resolution.
(c) An independent contractor pursuant to adoption of a Council resolution.
31
RULE N0. 24
CERTIFICAI-E OF MERIT MEMORIALS AND EXPRESSIONS OF CONDOLENCE
1. Certificates of merit, memorials, and expressions of condolence are non-legislative
in nature and require no formal Council action.
2. Memorials and expressions of condolence are intended to convey the County's
condolences on the death of any exceptional public personality in or out of government who has
contributed in some way to Nawai'i County or the State of Flawai'i.
3. The sponsoring Council Member shall be responsible for the securing of firm
commitments to sign the certificates from other Council Members. Any conflicts regarding
sponsorship or duplicated requests shall be referred to the Council Chairperson.
4. The sponsoring Council Member shall inform the County Clerk as to the necessary
particulars. A certificate of merit shall include the name of the honoree and a brief description of
the act or achievement to be cited.
5. Certificates shall be issued to the honoree only. True copies of any certificate shall
not be issued to spouses, officers, sponsors or the like, who are not directly involved unless in the
case of an expression of condolence.
6. All certificates which do not have a major impact or which do not affect a significant
number of people, and are received less than six (6) days before the regular meeting date of the
Council, may be considered at such meeting.
32
RULE NO. 25
BILLS AND RESOLUTIONS
1. General Procedures.
(a) A bill or resolution may be introduced by any Council Member(s). The
original copy of any bill or resolution shall be in typewritten form, dated and
signed by the introducers) prior to consideration.
(b) In order to be considered for placement on the Council or Committee
agenda, all bills, resolutions, petitions, and other communications shall be
filed with the Clerk by 12:00 P.M., Noon, on the ninth calendar day
preceding the day of the Council meeting or by 12:00 P.M., Noon, on the
eleventh calendar day preceding the day of the Committee meeting. Any
bills, resolutions, petitions, and communications received later than said time
shall be placed on the agenda of the next regular meeting.
(c) Upon compliance with the mandated six (6) calendar day posting notice,
bills, resolutions and matters requiring Council action shall be placed on the
Council agenda within the next two Council meetings. Bills, resolutions and
matters requiring Council action shall be introduced on the Council floor by
the Committee Chairperson or the member introducing the legislation.
(d) Readings of bills or resolutions may be by title only, except that a full
reading may be required by one-third vote of the entire membership.
(Sections 3-9 and 3-10(a), Hawaii County Charter)
(e) A bill or resolution up for final reading that is amended on the floor shall not
be acted upon at the time of the floor amendment. Final action on such an
amended bill or resolution shall not be taken until the next regular meeting.
This provision shall not apply to:
(1) The annual budget bill, pursuant to Article 10 of the Hawaii County
Charter 2000, as amended,
(2) The correction of manifest clerical or typographical errors in
numbering, spelling, capitalization, punctuation, grammar and
gender terms, provided that the correction does not alter the
meaning or effect of the underlying bill or resolution.
33
2. Bills (Section 3-10. Hawaii County Charter).
(a) Ordinances shall be initiated as bills which shall be passed only after two
readings on separate days except as otherwise provided by law. Reading of
bills may be by title only.
(b) Every ordinance of the council shall embrace but one subject, which subject
shall be expressed in its title. If an ordinance embraces a subject not
expressed in its title, only that subject shall be void.
(c) Bills embracing:
(1) The fixing of special assessments for the cost of improvements,
(2) The appropriation of public funds or authorization of the issuance of
general obligation bonds or
(3) The imposition of a duty or penalty on any person, shall pass first
reading by a vote taken by ayes and noes, and digests of such bills
shall be advertised once in at least two daily newspapers of general
circulation in the County, with ayes and noes, at least three days
before final reading by the Council. Not less than three copies of
such bills shall be filed for use and examination by the public in the
Office of the County Clerk at least three days prior to the final
reading thereof.
(d) A bill shall not be amended to change its original purpose. An amended bill
shall, upon cone-third vote of the entire membership, be laid over for at
least one week before final reading.
(e) A motion to reconsider made at the time any bill fails to pass final reading
shall not be voted upon until after twenty-four hours.
(f) Ordinances shall become effective upon approval by the Mayor or at such
later date as may be specified therein.
(g) A bill may incorporate therein any standard technical code or portions
thereof by reference. The code, or portions, need not be published in the
manner required for ordinances, but not less than three copies thereof shall
be filed for use and examination by the public in the Office of the County
Clerk, and notice of the availability of said copies shall be published by the
Clerk.
34
(h) After enactment, ordinances shall be published once in at least two daily
newspapers of general circulation in the County. Such publication shall be
by title only and shall specify the ayes and noes.
3. Emergency Ordinances (Section 3-11, Hawaii County Charter). The County Council
may adopt emergency ordinances to meet public emergencies affecting life, health or property.
Such ordinances may not be used to levy taxes, authorize the borrowing of money or to grant,
renew or extend franchises. Emergency appropriations may be made pursuant to Section 10-8,
Hawaii County Charter.
Emergency ordinances shall be plainly designated as such and shall contain a
declaration describing the emergency in clear and specific terms. Any emergency ordinance may
be considered and adopted after one reading, with or without amendment, or be rejected at the
meeting at which the same is introduced. The affirmative vote of all Council Members present or
by two-thirds of the entire membership shall be necessary for adoption of such ordinances.
Emergency ordinances shall be published in the same manner prescribed for other adopted
ordinances and shall become effective upon approval by the Mayor or at such later time, preceding
automatic repeal, as the same may specify.
Amendments to any emergency ordinance shall be adopted in the same manner
prescribed for adoption of emergency ordinances.
Every emergency ordinance, including any amendments made after adoption, shall
automatically stand repealed as of the sixty-first day following the date of adoption of the original
ordinance.
4. Submission of Bills to the Mayor (Section 3-12, Hawaii County Charter). Every bill
adopted by the Council shall be duly authenticated by the Clerk and the Chairperson and
thereupon presented to the Mayor for approval. Such bill shall become effective as an ordinance
upon its approval or such later date as specified therein. If the Mayor disapproves a bill, the
Mayor shall return the bill together with any objections in writing to the Clerk within ten days
(excluding Saturdays, Sundays, and legal holidays) after receipt. If the Mayor does not act within
such ten-day period, the bill shall become effective as an ordinance as if the Mayor had approved
it. The objections of the Mayor shall be entered in the journal of the Council and the Council may,
after five and within thirty days after the bill has been so returned, reconsider the vote upon the
bill. If the bill, upon such reconsideration, is again passed by the affirmative vote of two-thirds of
the entire membership, the Chairperson shall verify that fact on the face of the bill and such bill
shall become effective as an ordinance with like effect as if approved by the Mayor. A bill failing to
pass upon such reconsideration shall be deemed lost.
35
If any appropriation bill is presented to the Mayor, the Mayor may veto any item or
portion thereof by striking out or reducing the same. The Mayor shall append any objections and
the reasons therefore to the bill at the time of signing, and the item or portion thereof so vetoed
shall not take effect unless the Council shall reconsider the vote on the bill and, upon such
reconsideration, the bill is again passed by the affirmative vote of two-thirds of the entire
membership.
In the case of the annual operating budget, the Mayor shall return the bill to the
Clerk within ten (10) calendar days of receipt of the bill. (Section 10-5, Hawaii County Charter)
5. Resolutions. Resolutions are non-legislative acts of the Council and, except as
otherwise provided by law, no resolution shall have the force and effect of law. There shall be two
basic types of resolutions which may be processed:
(a) Formal Resolutions. This type of resolution represents an official Council
expression and, therefore, generally has considerable weight. There are
three categories of formal resolutions:
(1) Official decision.
(A) Resolution organizing the Council and staff;
(B) Resolution delineating the Council's rules of procedure;
(C) Resolution calling for moratoriums on parking meter usage,
traffic control, etc.;
(D) Resolution tendering assurance of participation for certification
requirements mandated by federal or state agencies, e.g., HUD,
block grants;
(E) Resolution approving multi-year leases, purchases, contracts,
etc.;
(F) Resolution amending the salary ordinance; and
(G) Resolution transferring funds.
(2) Legislative-like.
(A) Resolution establishing real property tax rates;
(B) Resolution authorizing eminent domain proceedings;
(C) Resolution revising county fuel tax rates;
(D) Resolution relating to the abandonment or disposition of county
lands;
(E) Resolution approving a development agreement;
(F) Resolution on initiative and referendum proceedings; and
36
(G) Resolution calling for the inclusion of charter amendment
proposals at the next general election.
(3) Official request or opinion.
(A) Resolution requesting information or a study to be conducted;
(B) Resolution calling for state or federal action; and
(C) Resolution to a department head requesting information or
review of a specific issue or item.
(b) Informal Resolutions. Generally address subjects having less impact than
formal resolutions and are categorized as follows:
(1) Automatic.
(A) Resolution honoring retiring County elected officials; and
(B) Condolence resolution on the death of any incumbent County-
elected official.
(2) O
t~ Tonal. A Council Member may introduce the following kinds of
optional resolutions.
(A) Condolence resolution on the death of former elected or top
level appointed office holders in the county, state or federal
government, but not spouse of or relative thereof; and
(B) Condolence resolution on the death of any exceptional public
personality in or out of government who has contributed
significantly in some way to Hawaii County or the State of
hlawai'i.
37
RULE NO. 26
PARLIAMENTARY AUTHORITY
When these rules are silent, the rules of parliamentary procedure contained in the current
edition of Robert's Rules of Order Newly Revised shall govern the Council and its Committees in all
cases to which they are applicable and in which they are not inconsistent with any constitutional
provision, any law, the Hawaii County Charter or these rules.
38
RULE N0. 27
INVOCATION
1. For the purposes of this rule, the following definitions apply:
(a) "Church" shall mean body, group or organization of religious believers.
(b) "Invocation" shall mean a prayer or entreaty to a higher authority.
(c) "Minister" shall mean one who officiates over or leads a church worship
service.
(d) "Non-denominational" shall mean without regard to the tenets of a particular
church.
2. Subject to the discretion of the Chairperson, an invocation may be delivered by a
minister of a church prior to the call to order for any Council meeting. The Chairperson shall
approve the selection of the minister.
3. The County Clerk's Office shall maintain a list of ministers of all faiths who have
been asked to, or who have expressed an interest in, delivering the invocation. The participants
on the list will be called rotationally so that no one individual is asked to say the invocation more
than a few times per year. If a participant on the list is asked, and declines more than three
different Council meeting dates, he or she will be passed over for the remainder of that calendar
year.
A minister who is on the list as of the adoption date of this rule will be maintained
on the list until the minister asks to have his/her name removed. A minister who would like to
become part of the list maintained by the County Clerk's Office subsequent to the adoption of this
rule will be asked to submit, on church letterhead, the minister's name, church address, home
address, church phone number and home phone number to the Clerk.
4. This program of invocation shall be non-denominational.
39
RULE N0. 28
COUNCIL MEMBERS. STAFF AND ALLOWANCES
1. Each Council Member shall have direct responsibility over the respective district staff.
(a) It shall be the duty of the Council Member to supervise his/her district staff,
including hiring, termination, promotion, and salary increase in accordance
with the applicable provisions of the state and county laws, Council Rules,
other personnel policies of the Council and the County, and the limitations of
the legislative budget ordinance. District stafF are "at will" employees whose
employment shall be co-terminus with the appointing Council Member unless
personnel action to the contrary is initiated. The County Clerk may also
initiate termination with the concurrence of the Chairperson to assure proper
management of the entire Council Office using agreed upon guidelines and
procedures. The Chairperson of the Council shall continue to sign all
documents necessary to implement the decisions of the individual council
members.
(b) Each Council Member is assigned two full time staff:
(1) Council Aide.
(2) Council Legislative Assistant.
(c) The Chairperson is assigned four additional full time staff:
(1) Executive Assistant to the Chairperson (EA).
(2) Deputy Executive Assistant to the Chairperson-East/West Fiawai'i
(EA).
(3) Special Assistant.
(4) Council Aide to the Chairperson, in addition to subsection 1(b).
(d) Only one person per position shall be permitted.
(e) Staff responsibilities include, but are not limited to, the following:
(1) Office tasks;
(2) All work related to the individual council members, including drafting
bills, resolutions, and proposed amendments, and conducting
research on topics and issues required by the Council Member;
40
(3) Performing special assignments, responding to letters, complaints
and telephone inquiries, gathering data or appropriate information in
order that the Council Member may respond to requests from
constituents, preparing messages, articles and news releases,
facilitating meetings with the community;
(4) Providing committee support if the council member is the
Chairperson of a committee. Committee support means attending
the committee meeting, writing the committee report for the
Chairperson's approval, drafting legislative amendments, and
conducting necessary research to assist the committee in its
deliberations. Committee Chairpersons and Vice Chairpersons shall
be responsible for the duties of the committee;
(5) Assisting other Council Members if approved by the appointing
Council Member;
(6) Assisting other divisions of the office if approved by the appointing
Council Member with the concurrence of the County Clerk.
(f) In fairness to the existing employees as of June 30, 2005, whose salary
exceeds the amount established in the Salary Ordinance of 2005, the
salaries of said employees shall not change until such time as the employee
vacates the position or a new Council Member takes office, whichever occurs
first.
2. Each Council Member shall have direct responsibility over the District Allowance
Expense (DAE) account.
(a) Each Council Member shall be appropriated $15,000 in a DAE to cover
incidental expenses in carrying out his/her duties as an elected official.
Incidental duties and activities include expenditures incurred in connection
with carrying out the public's expectation of a Council Member's role and
responsibility to the community and constituents. In an election year (July-
December), the Council Member shall be allotted 50% of the appropriation.
The remaining 50% (January-June) shall be allotted in January.
(b) Allowable DAE include, but are not limited to:
(1) Community meeting expenses such as facility rental fees, charges for
maintenance or security services, light refreshments, special mailings
or handouts, leis for speakers, and the rental of special equipment.
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(2) Leis for recipients of honorary certificates and frames for honorary
certificates.
(3) The purchase of research or reference materials, publication
subscriptions, or other materials related to legislative issues or
procedures.
(4) NACo, WIR, HSAC, conference or seminar registration fees, including
travel and accommodation costs associated with the conference or
seminar attended. All travel expenses shall have the concurrence of
the Chairperson.
(5) Miscellaneous office supplies, equipment or materials. All purchases
must follow the procurement law and be domiciled in the Council
Members' office. Equipment and supplies are the property of the
County.
(6) The expenses of his/her staff.
(7) Monthly cell phone reimbursement not to exceed $75.00 per month.
(8) Joint district expenditures for allowable expenses are permitted.
(c) Each Council Member shall be personally responsible to pay any expenses
incurred in support of the conduct of official duties and activities that exceed
the $15,000 allowance and those expenses that are deemed prohibited.
(d) Prohibited expenses include, but are not limited to:
(1) Personal, political or campaign related expenses, and those spent
outside of the scope of a council member's official duties and
activities. Please review the ethics code and the campaign spending
laws.
(2) Donations to community organizations or transfers to County
agencies.
(3) Transfers between the DAE and Contingency Relief accounts are
prohibited.
(4) Transfers from a district account to other district accounts are
prohibited.
(e) The expenses of the HSAC executive committee member or the official NACo
or WIR board member shall be drawn from the general accounts.
(f) The expenses for the attendance of a council member at committee and
council meetings and public hearings shall be drawn from the general
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accounts. Similarly, the reasonable expenses for the attendance of the
district staff to support the committee Chairperson shall be drawn from the
general accounts with the concurrence of the County Clerk.
3. Each Council Member shall have direct responsibility over the District Contingency
Relief account.
(a) Each Council Member is allotted $300,000 in annual contingency relief, when
appropriated in the General Fund, to provide for county related projects.
(b) In an election year (July-December), the Council Member shall be allotted
50% of the appropriation. fihe remaining 50% (January-June) shall be
allotted in January.
(c) Expenditures shall be transferred to County agencies using the appropriate
legislative mechanisms for the benefit of the agencies to provide for the
public.
(d) All purchases of equipment must follow the procurement law and be
domiciled in the County Departments. Equipment, supplies and products are
the property of the County.
(e) Transfers between the DAE and Contingency Relief accounts are prohibited.
(f) Transfers from a district account to other district accounts are prohibited.
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RULE N0. 29
COUNTY CLERK
1. County Clerk. The County Clerk shall be appointed by and serve at the pleasure of
the Council under the direct supervision of the Chairperson.
2. Duties. It shall be the duty of the County Clerk, in addition to those duties
prescribed by law, including Section 3-6(b), hiawai'i County Charter, to:
(a) Be responsible for the administration of the Office of County Clerk.
(b) Flave charge of all the records of the Council, keep an accurate journal of
proceedings, and make accessible to the general public, in a timely manner,
all written materials of public record and be responsible for same.
(c) Forward at once to the Chairperson and Council Members all official reports,
communications and other matters related to the Council's business.
(d) Serve in all matters as Clerk of the Council and perform all clerical and office
duties pertaining to such position as the Council shall from time to time
direct, as well as other duties assigned by law or these rules.
(e) Attend all Council meetings and read bills, resolutions, and other matters to
the Council, as required.
(f) Maintain order among those members of the public present at Council
meetings and, when required by the Chairperson, remove any person who
violates these rules.
(g) Exercise direct supervision over agencies and the staff of the legislative
branch of the County.
(h) Be the authorized representative for the Committee on the Destruction of
Records.
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RULE N0. 30
DEPUTY COUNTY CLERK
1. Deputy County Clerk. The Deputy County Clerk shall be appointed by the County
Clerk with the approval of the Council. Such position shall be exempt from civil service laws and
classifications.
2. Duties. It shall be the duty of the Deputy County Clerk to:
(a) Assume the duties of the County Clerk in the Clerk's absence.
(b) Oversee the activities and operations of certain functional groups from within
the Office of the County Clerk as assigned by the Clerk. Currently this duty is
composed of the Reprographics, Clerk Administrative Services, Numan
Resources, and the Legislative Auditor's Office.
(c) Develop in-service training and public outreach programs.
(d) Perform other duties as may be assigned by the Clerk.
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RULE NO. 31
LEGISLATIVE RESEARCH BRANCH
1. Legislative Research Branch. The Legislative Research Branch (LRB) shall promote the
effective operation of the legislative process by performing complex ongoing tasks that are the
responsibility of the Council and the County Clerk's office.
2. Duties. On an ongoing basis, the LRB, as directed by the County Clerk, shall be responsible
for the following tasks:
(a) Annual fiscal legislation. Assist the Council in its annual budget and real
property tax reviews, prepare amendments to the salary and budget
ordinances, and prepare the real property tax resolution.
(b) Hawaii County Code. Update and publish the Code and its supplements,
oversee dissemination of the Code, maintain an online version of the Code,
and assist in the maintenance of past versions of the Code.
(c) Hawaii Coun Charter. Assist in drafting legislation, ballot questions, and
other documents required for proposed amendments to the Charter, update
the Charter to incorporate changes, and assist in the maintenance of Charter
records.
(d) County legislation. Review bills and resolutions proposed by Council
members and review all bills that propose amendments to the County Code.
(e) State le isg lation. Monitor the annual State legislative session and prepare a
list of bills of significant County interest.
(f) Council annual reQort. Prepare and update.
(g) County's legislative drafting manual. Prepare and update.
(h) County Clerk's Archive. Assist the Clerk in the management of the Clerk's
Office's archive of legislative materials.
(i) Le iq dative resources. Maintain a library of research materials for staff use.
(j) Trainin .Conduct training regarding legislative drafting, the budget
process, or other areas within the LRB's area of expertise.
(k) Perform other duties as may be assigned by the Clerk.
3. Personnel assigned to the LRB shall report to the County Clerk and comply with internal
guidelines established by the Deputy County Clerk and the Clerk.
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RULE NO. 32
LEGISLATIVE AUDITOR
1. Legislative Auditor. The Legislative Auditor shall be appointed by the County
Clerk with the approval of the Council. Such position shall be exempt from civil service laws and
classifications.
2. qualifications. The Legislative Auditor shall possess adequate professional
proficiency for the office, demonstrated by relevant certification, such as certification as a
certified internal auditor or certified public accountant, or have an advanced degree in a
relevant field with at least five years of experience in the field of government auditing,
evaluation or analysis. A certified internal auditor or certified public accountant shall be
preferred.
3. Duties. It shall be the duty of the Legislative Auditor to conduct or cause to be
conducted:
(a) The annual post audit of the financial transactions of the County.
(b) Performance audits or special studies relating to the funds, programs, and
operations of any agency or operation of the County, as requested by the
Council by resolution.
(c) Performance and financial audits of the funds, programs, and operations of
any agency or operation of the County, as determined by the Auditor to be
warranted.
(d) Follow-up audits and monitoring of compliance with audit recommendations
by audited entities.
4. Personnel. Personnel assigned to the Legislative Auditor shall report to the
Legislative Auditor, be exempt from civil service laws and classifications, and comply with internal
guidelines established by the Legislative Auditor.
5. Government Auditin4 Standards. The Legislative Auditor shall conduct or cause to
be conducted all audits in accordance with government auditing standards.
6. Written Reports. Audit findings and recommendations shall be set forth in written
reports of the Legislative Auditor, copies of which shall be transmitted to the Mayor and the Council
and filed with the County Clerk as public records.
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RULE NO. 33
SEVERABILITY
If any rule contained herein is in conflict with the provisions of the U.S. Constitution, State
Constitution, Hawaii Revised Statutes, ~lawai`i County Charter, or the Nawai'i County Code, such
rule shall be deemed invalid. Such invalidity shall not affect other rules contained herein which,
otherwise, can be given effect without the invalid rule, and to this end these rules are severable.
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