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J Yoshimoto, Chair and Members of the Hawai'i County Council Re: Resolution 283-09 January 19,2009 Page 2 120-day review period," no one introduced any such bills after the Planning Commission gave unfavorable recommendations. Bill 167 (2006-2008), was introduced and put on the Council agenda without a waiver from committee, following review of Resolution 21-07 by the Planning Director and Commission. Bill 190 (2006-2008) was referred to by the Planning Director as being initiated by the Council, but the communication transmitting that bill stated that the Planning Director prepared the bill "to implement the Council resolution on this subject" and was thus considered a Planning Director- initiated amendment by the County Clerk. Bill 199 (2006-2008) which amended Chapter 25 was passed by the Council without review of the Planning Director or Commission, though its provisions may have been reviewed as part of their review of Bill 79 (2006-2008) which failed to pass. It is the Council's prerogative on how it wishes to proceed; one route is to do nothing and let the Council Chair decide how to handle council-initiated amendments on a case-by-case basis. I, however, am recommending that the Council includes an express provision in its rules to allow the Planning Committee to refer council-initiated amendments to Chapters 23 and 25 prior to first reading. The main reasons for this are as follows: . Section 25-2-43(b) of the County Code requires that the Council refer these matters prior to first reading. Charter Section 31-10(a) states: "Reading of bills may be by title only. Full readings and public hearings may be required by a one-third vote of the entire membership." While it is my opinion that defining "reading" to include a positive vote, e.g., "Bill X passes first reading," is a reasonable interpretation of our charter, I respect and acknowledge our former clerk's decision to be cautious. . Providing an explicit process in our Rules makes it clear that the "Council" is referring any proposed council-initiated amendments as opposed to an independent unilateral act of the Planning Committee. . An explicit rule is easily referenced and provides predictability and transparency to the process. Thank you again for this opportunity to provide comment. Respectfully, <,~ KENNETH G. GOODENOW COUNTY CLERK