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RESOLUTION NO. 30 11
A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, the Rules of Procedure and Organization of the Council of the County of
Hawaii ("the Rules") govern the affairs of the Council of the County of Hawaii ("Council");
and
WHEREAS, the Rules were duly adopted by Resolution No. 04-10 on December 6,
2010; and
WHEREAS, the Rules were most recently amended by Resolution No. 25-11, duly
adopted on January 5, 2010; and
WHEREAS, the Council wishes to further amend the Rules to facilitate effective and
efficient procedure and organization of the legislative branch of the County of Hawaii; and
WHEREAS, the Council amends Rule No. 10, Voting, to include a provision that
potential members of boards and commissions shall be voted on individually and not as a group
or as a slate of members or nominees; and
WHEREAS, the proposed amendment to Rule No. 10 is set forth in "Exhibit A" attached
hereto and incorporated herein by reference; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
Rule No. 10 of the Rules is hereby amended as indicated in the attached "Exhibit A."
BE IT FURTHER RESOLVED that material to be added to Rule No. 10 is underscored
and bolded, as indicated in the attached "Exhibit A."
BE IT FINALLY RESOLVED that the County Clerk shall provide to all appropriate
parties those pages of the Rules that have been amended, to replace those pages that have been
made obsolete by the adoption of this resolution.
Dated at Hilo , Hawai`i, this 16th day of February , 2011.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on February 16, 2011
ATTEST:
COUNTY CLERK
INTRODUCED BY:
Ae-14& I'All--
COUNCIL MEM , COUNTY OF HAWAII
h
CHAIRPERSON & PRESIDI OA /'ER
2
ROLL CALL VOTE
Reference: C-66/Council
RESOLUTION NO. 30
11
AYES
NOES ABS EX
BLAS
X
FORD
HOFFMANN
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
6
0 3 F 0
Reference: C-66/Council
RESOLUTION NO. 30
11
"Exhibit A"
"RULE NO. 10
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. 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. Voting on procedural motions
may be by voice vote. In all cases, the Chairperson shall state the question prior to calling for
the vote. The County Clerk shall record each vote in the minutes and report the result to the
Chairperson who shall announce whether the motion passed or failed. Upon the request of any
member of the Council, the Chairperson shall use a roll call vote.
3. The method of voting in Committees shall be determined by the Committee
Chairperson, provided that if a vote is not unanimous, the Chairperson shall announce the
names of those members voting in the minority and those who are absent. Upon the request of
any member of the Committee, the Chairperson shall use a roll call vote.
4. If a Council or Committee meeting is being conducted via videoconferencing
pursuant to HRS § 92-3.5, voting on every bill, resolution, communication and report, including
procedural motions, shall be by roll called by the County Clerk or the Clerk's designee.
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.
"Exhibit A"
Page 1 of 3
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 47-5,
Hawai'i Revised Statutes);
(b) Override the mayor's veto (Section 3-12, Hawai'i 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);
"Exhibit A"
19 Page 2 of 3
(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 Hawai'i County Charter.
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 a one-third vote of the entire membership, the Council shall be required to:
(a) Hold full readings and public hearings on bills 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), Hawai'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.
15. Members of boards and commissions duly appointed by the Mayor, as
prescribed in Section 13-4(b), Hawaii County Charter, shall be voted on individually
and not as a grouR or as a slate of members or nominees.
"Exhibit A"
Page 3 of 3
RULES OF PROCEDURE AND ORGANIZATION
OF THE
COUNCIL OF THE COUNTY OF HAWAII
As Adopted by Resolution No. 04-10
December 6, 2010
And amended by:
Resolution No. 25-11
January 5, 2011
Resolution No. 30-11
February 16, 2011
RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY HAWAII
TABLE OF CONTENTS
Page
RULE NO. I INITIAL CONVENING OF THE COUNCIL
RULENO. 2 MEETINGS...........................................................................................................................................2
RULENO. 3 QUORUM.............................................................................................................................................4
RULE NO. 4 OFFICERS AND THEIR DUTIES.......................................................................................................5
RULENO. 5 COMMITTEES.....................................................................................................................................7
RULENO. 6 STANDING COMMITTEES................................................................................................................9
RULENO. 7 AD HOC COMMITTEES...................................................................................................................12
RULE NO. 8 COMMITTEE OF THE WHOLE.......................................................................................................13
RULENO. 9 COMMITTEE REPORTS...................................................................................................................14
RULENO. 10 VOTING...........................................................................................................................................15
RULE NO. 1 1 DISCLOSURE OF INTEREST........................................................................................................18
RULENO. 12 PETITIONS.......................................................................................................................................19
RULE NO. 13 PUBLIC STATEMENTS AND TESTIMONY................................................................................20
RULENO. 14 MOTIONS.........................................................................................................................................22
RULENO. 15 RECONSIDERATION.....................................................................................................................24
RULENO. 16 ORDER OF BUSINESS...................................................................................................................25
RULE NO. 17 AMENDMENTS AND REVISIONS OF THE RULES OF PROCEDURE....................................26
RULENO. 18 SUSPENSION OF RULES...............................................................................................................27
RULENO. 19 ORDER AND DECORUM...............................................................................................................28
RULENO. 20 APPOINTMENTS............................................................................................................................29
RULENO. 21 NEWS MEDIA.................................................................................................................................30
RULE NO. 22 MANDATORY PROGRAM REVIEW............................................................................................31
RULE NO. 23 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE ............32
RULE NO. 24 BILLS AND RESOLUTIONS..........................................................................................................33
RULENO. 25 PARLIAMENTARY AUTHORITY.................................................................................................38
RULENO. 26 INVOCATION..................................................................................................................................39
RULE NO. 27 COUNCIL MEMBERS, STAFF AND ALLOWANCES.................................................................40
RULENO. 28 COUNTY CLERK............................................................................................................................44
RULENO. 29 DEPUTY COUNTY CLERK............................................................................................................45
RULE NO. 30 LEGISLATIVE RESEARCH BRANCH..........................................................................................46
RULENO. 31 SEVERABILITY..............................................................................................................................47
RULE NO. 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 Officer 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.
4. 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.
RULE N0. 2
MEETINGS
1. Regular 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 Meetings. 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 Meetings. 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
2
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, 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. Availability of Agenda to Council Members. Except as otherwise provided by law,
the agenda and all referrals 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. If a Council Member is unable to attend a meeting, prior written
notice shall be given to the Council or Committee Chairperson. If a Council Member wants to
attend a meeting via videoconferencing pursuant to HRS §92-3.5, a written request must be
submitted to the Council Chairperson and prior approval obtained prior to the agenda deadline
for that meeting.
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.
9
RULE NO. 3
QUORUM
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, Hawai'i 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 specific location or publicly
adjourning the meeting due to a lack of quorum.
rd
RULE NO. 4
OFFICERS AND THEIR 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. Presiding 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
chair 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 chair 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), Hawaii County Charter)
5
(g) Authorize (approve or deny) requests for items to be waived to the
Council agenda upon written approval of the Committee Chairperson.
(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 ad hoc
committees by assuring the availability of adequate administrative and
staff support.
(1) 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.
21
RULE NO. 5
COMMITTEES
1. Type. There shall be three (3) types of committees:
(a) Standing Committees
(b) Ad Hoc Committees
(c) 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 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) Maintain order and proper decorum and reasonably administer the receipt
of oral and written testimony in accordance with these rules. The
Committee Chairperson shall not engage in debate or discussion of any
issue unless first relinquishing the Chairperson to the Vice Chairperson.
(b) The Chairperson of each Committee shall preside at all meetings and
prepare and be responsible for the agenda and reports for each meeting.
(c) 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.
(d) 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 referral.
(e) 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.
(f) 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.
3
RULE NO. 6
STANDING COMMITTEES
1. Standing committees have a continuing existence. There shall be eight (8)
standing committees as follows:
(a) Committee on Finance
(b) Committee on Planning
(c) Committee on Public Works and Parks and Recreation
(d) Committee on Governmental Relations
(e) Committee on Human Services, Social Services and Public Safety
(f) Committee on Economic Development and Mass Transit
(g) Committee on Environmental Management
(h) Committee on Agriculture, Water and Energy Sustainability
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,
grants, licenses, data systems, procurement policies, open space
acquisitions, land acquisition, district contingency relief funds,
personnel transactions, and associated fees.
(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 Planning:
Matters related to public lands, general plan, community
development plans, subdivisions, zoning, land use, infrastructure
requirements, coastal zone management, historic sites and trails,
cultural resources, street names, public access, and associated
fees.
9
(c) Committee on Public Works and Parks and Recreation:
(1) Matters related to management of public facilities, building, fire,
plumbing and related codes, dedication deeds, street and other
public improvement dedications, easements, highways, scenic
byways, floodways, flooding and drainage, bridges, public utilities,
telecommunications, traffic control, sign regulations, road
beautification and associated fees.
(2) Matters related to parks and recreation, youth activities, elderly
activities, cemeteries, and associated fees.
(d) Committee on Governmental Relations:
Matters related to State and Federal legislation, Hawaii State
Association of Counties, National Association of Counties,
State/County overlapping functions, International relations, and
Federal, State and County agency relations.
(e) Committee on Human Services, Social Services and Public Safety:
(1) Matters related to health care, health insurance, increasing access
to such professional services and community clinics.
(2) Matters related to human services, social services, social service
agencies, homelessness, and non-profit programs.
(2) Matters related to police and fire protection, civil defense, liquor
control, humane society, animal control, prosecuting attorney, and
associated fees.
(f) Committee on and Economic Development and Mass Transit:
(1) Matters related to research and economic development programs,
market development, tourism, shipping, job creation, education,
scientific research, astronomy and space projects, foreign trade
zones, enterprise zones, and industrial activities.
(2) Matters related to public transportation/mass transit programs and
associated fees.
10
(g) Committee on Environmental Management:
Matters related to the protection, preservation, and enhancement
of the environment, management of solid and hazardous waste,
wastewater, recycling programs and associated fees.
(h) Committee on Agriculture Water and Energy Sustainability:
(1) Matters related to solar energy, geothermal energy, wind,
biomass, hydropower, wave energy production, bio -fuel and
synthetic fuel production, power systems, and energy-efficient
technologies for buildings not covered by the committee on public
works.
(2) Matters related to water -use efficiency and sustainability through
water -use conservation, management, protection, and restoration
of ecosystems, investment in water -use infrastructure, public and
private water systems and wells, drinking water for rural
communities, and watershed approaches and protection.
(3) Matters related to agriculture sustainability, food processing,
diversified agricultural, development of agriculture, forestry,
aquaculture, mariculture, fertilizers invasive species, fisheries and
other natural resources.
3. The Chairpersons and Vice Chairpersons of each Committee shall be determined by
resolution.
RULE NO. 7
AD HOC COMMITTEES
1. Establishment. The Chairperson of the Council or a standing committee, in
accordance with these rules and the law, may establish an ad hoc committee as needed for the
purpose of investigating a matter relating to the official business of the Council or standing
committee, or to present, discuss, or negotiate any position which the Council or standing
committee has adopted.
2. Membership. The Chairperson of the Council or standing committee shall assign
at least two (2) members, but no more than would constitute a quorum of the Council or
standing committee, as members of an ad hoc committee.
3. Scope. The scope of investigation and each member's authority must be defined
at a meeting of the Council or standing committee when the ad hoc committee is established.
4. Findings and Recommendations. All findings and reports of the ad hoc
committee shall be presented to the Council or standing committee that formed the ad hoc
committee during a duly noticed meeting.
5. Deliberation and Decision -Making Prohibited. Deliberation and decision-making
on a matter investigated, if any, must occur only at a duly noticed meeting of the Council or
standing committee held subsequent to the meeting at which the findings and
recommendations of the investigation were presented to the board.
6. Other. In all other matters, the ad hoc committee shall conduct its business in
accordance with these rules and the law.
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RULE NO. 8
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 NO. 9
COMMITTEE REPORTS
1. Standing committees shall report as necessary or as 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 NO. 10
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. 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. Voting on procedural motions
may be by voice vote. In all cases, the Chairperson shall state the question prior to calling for
the vote. The County Clerk shall record each vote in the minutes and report the result to the
Chairperson who shall announce whether the motion passed or failed. Upon the request of any
member of the Council, the Chairperson shall use a roll call vote.
3. The method of voting in Committees shall be determined by the Committee
Chairperson, provided that if a vote is not unanimous, the Chairperson shall announce the
names of those members voting in the minority and those who are absent. Upon the request of
any member of the Committee, the Chairperson shall use a roll call vote.
4. If a Council or Committee meeting is being conducted via videoconferencing
pursuant to HRS § 92-3.5, voting on every bill, resolution, communication and report, including
procedural motions, shall be by roll called by the County Clerk or the Clerk's designee.
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.
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.
15
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 47-5,
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.
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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 a one-third vote of the entire membership, the Council shall be required to:
(a) Hold full readings and public hearings on bills 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), Hawaii 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.
15. Members of boards and commissions duly appointed by the Mayor, as prescribed
in Section 13-4(b), Hawai'i County Charter, shall be voted on individually and not as a group or
as a slate of members or nominees.
17
RULE NO. 11
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. 12
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, Hawaii County Charter.
Z
RULE NO. 13
PUBLIC STATEMENTS AND TESTIMONY
1. Written Testimony. Written testimonies shall be received for the record on any
agenda item. If possible, fourteen (14) written copies of the testimony should be submitted for
presentation to the Council or Committee by 12 noon the previous business day of the
meeting(s). Testimonies received after 12 noon shall still be received for the record and will be
presented to the Council or Committee members as soon as practicable.
2. Oral Testimony. Oral statements from any member of the public shall abide by
the following:
(a) Pursuant to Chapter 92, Hawai'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 any agenda item
shall register with the Clerk prior to the closing of statements from the
public at the call of the Chairperson, indicating the item on which they
wish to speak and their position, if any. Persons may provide their name,
address, and organization they represent, if any.
(c) Each person may speak for three minutes subject to the discretion of the
Chairperson.
(d) Each person must speak at the time of calling, unless the Chairperson
determines otherwise.
(e) No person will be allowed to speak twice on the same subject.
(f) Any person wishing to speak on more than one subject shall register
separately for each agenda item.
(g) Those speaking shall direct their remarks to the Chairperson and not to
any individual Council Member or person in the audience.
(h) All members of the public shall 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.
(i) Any person, not a member of Council, who is disrespectful to the Council
or any Committee by any disorderly or contemptuous behavior in its
01
presence or who disrupts the exercise of any legislator's function, may be
removed from the meeting at the discretion of the Chairperson.
(j) Any person who does not abide by these rules may be ruled out of order
by the Chairperson.
3. Nothing in this rule shall diminish the responsibility or the authority of the
Chairperson to maintain order and decorum.
4. Council Members shall refrain from making comments or asking questions of
testifiers during statements from the public. All deliberation and discussion on an agenda item
must take place after the item has been read into the record and a motion is pending on the
floor. A Council Member may, however, request that a person presenting public testimony on
an agenda item be available for questions during subsequent discussion.
21
RULE NO. 14
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 Question. 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.
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7. When a motion in one of the categories described in paragraph 4, 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. Notwithstanding paragraph 4, Council -initiated bills to amend the Subdivision
Control and Zoning Codes of the Hawaii County Code shall be disposed of at the appropriate
committee in the following manner:
(a) The introducer shall make a motion to refer the bill to the Planning
Director and designated planning commission, or both commissions, as
provided by the Charter, for their review and respective
recommendations.
(b) Prior to the vote on the motion for referral, the committee may amend
the bill, if it so desires.
(c) After review by the Planning Director and designated planning
commission, or both commissions, as provided by the Charter, the bill
shall be returned to the committee for further action.
(d) A failed motion to refer as provided in subparagraph (a) shall mean that
the bill has failed and thus shall not be acted on further by the Council or
its Committees.
9. 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.
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RULE NO. 15
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.
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RULE NO. 16
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.
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RULE NO. 17
AMENDMENTS AND REVISIONS OF THE RULES OF PROCEDURE
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 a two-thirds
affirmative vote of the entire membership of the Council. The notice requirements shall be the
same as those for amendments.
c
RULE NO. 18
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 a two-thirds vote of the entire membership, unless
otherwise provided, and cannot be reconsidered.
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RULE NO. 19
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.
4. 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. A Council Member must be recognized by the Chairperson before speaking.
7. Nothing in this rule shall diminish the responsibility or authority of the
Chairperson to maintain order and decorum.
8. 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.
9. In the case of a 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.
W.
RULE NO. 20
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, Hawai'i 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, Hawai'i 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)
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RULE N0. 21
NEWS MEDIA
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. 22
MANDATORY 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.
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RULE NO. 23
CERTIFICATE 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 Hawaii County or the State of Hawaii.
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.
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RULE NO. 24
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 introducer(s) 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 noon of the eighth business day preceding the
day of the Council or 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.
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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 a one-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
34
County Clerk, and notice of the availability of said copies shall be
published by the Clerk.
(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
35
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.
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;
3e
(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
(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) Optional. 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
Hawaii.
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RULE NO. 25
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.
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RULE NO. 26
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.
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RULE NO. 27
COUNCIL MEMBERS, STAFF AND ALLOWANCES
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 fulltime staff:
(1) Council Aide.
(2) Council Legislative Assistant.
(c) The Chairperson is assigned four additional fulltime staff:
(1) Executive Assistant to the Chairperson (EA).
(2) Deputy Executive Assistant to the Council Chairperson (EA -2).
(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 Member, including
drafting bills, resolutions, and proposed amendments, and
conducting research on topics and issues required by the Council
Member;
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(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, and
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.
Each Council Member shall have direct responsibility over the District Allowance Expense
(DAE) account.
(a) Each Council Member shall be appropriated monies as specified in the
budget for 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%
(December—June) shall be allotted in December; however, if the
incumbent Council Member is reelected in either the Primary Election or
the General Election, then the remaining 50% shall be allotted
immediately.
(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
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mailings or handouts, leis for speakers, and the rental of special
equipment.
(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 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.
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(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
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 monies as specified in the budget for
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. The remaining 50% (December—June) shall be
allotted in December; however, if the incumbent Council Member is
reelected in either the Primary Election or General Election, then the
remaining 50% shall be allotted immediately.
(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 NO. 28
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), Hawai'i County Charter, to:
(a) Be responsible for the administration of the Office of the County Clerk.
(b) Have 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.
RULE NO. 29
DEPUTY COUNTY CLERK
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) Perform other duties as may be assigned by the Clerk.
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RULE NO. 30
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 County 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 all bills that propose amendments to the County Code.
(e) State Legislation. Monitor the annual State legislative session and
prepare a list of bills of significant County interest.
(f) Council Annual Report. Prepare and update.
(g) County Clerk's Archive. Assist the Clerk in the management of the Clerk's
Office's archive of legislative materials.
(h) Legislative Resources. Maintain a library of research materials for staff
use.
(i) Training. Conduct training regarding legislative drafting, the budget
process, or other areas within the LRB's area of expertise.
(j) 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.
RULE N0. 31
SEVERABILITY
If any rule contained herein is in conflict with the provisions of the U.S. Constitution,
State Constitution, Hawaii Revised Statutes, Hawaii County Charter, or the Hawaii 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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