1999-10-13 Charter Commission Minutes

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minutes 10-13-99Page 3 of 31 Laws. I’m sure, with your attorney, that you have reviewed this. I’m not sure about the language. And also, whenever possible, and I understand congratulations is in order because as of yesterday, your minutes and your agenda are posted on the Hawaii County website, and you beat the Hawaii County Council. Congratulations. And so I would, maybe, insert there, that you would also maybe use that as a means. And just a brief comment about the notices. Make sure it complies with the Open Meetings Law and the Charter. And No. VII, with respect to quorum and transaction of business, I would strongly urge you to take the lead of many decision-making bodies in this State, and that is that concurrence of the majority of the members to which the Commission is entitled so establishes decisions. I realize that under Rule No. XIII, Decisions, number C, that you have incorporated such language and I would ask that, in the spirit which I think the law’s intended, like the Council and the Legislature, I believe that, certainly the Council, no decision is valid unless a majority of the members vote yea or nay, the majority of the members to which the Council is entitled. So, unless there’s five yea or nay votes, there is no official decision made by the Council. I would just ask that you consider that. Perhaps you already have, and if you have, and made this decision, I apologize for my redundancy. That’s all that I have with respect to the rules, sir, except one final thing and that is, I think they’re very easy to read and appear to be quite complete and straight forward, and I congratulate you for that. Thank you. RAY: Any comments from the members? You understand the process? If we make any changes now, we have to go back out through the whole process again. We have to publish these and go through a waiting period if we do. TYLER: And I wasn’t trying to slow up your work. I don’t know what the changes are. It’s the first time I’ve seen this so I just wanted to give my comments. YUEN: The only real changes are a change in the meeting dates and a change in the address of the communications. Otherwise, the rules are the same as we used ten years ago and they’re also the same that were used 20 years ago. TYLER: That doesn’t necessarily mean they’re - YUEN: Sure. The majority vote, that you’re talking about, that is the intent of the voting provision. The only real official action that the Charter Commission can take is to decide to send a proposed Charter Amendment to the voters, and that does require the approval of the full membership of the Commission; that is six votes. And I think that’s made clear in Rule XIII. TYLER: Yes it is. YUEN: Rule V. The intent of that provision that you read, the majority of the members present, is for procedural types of motions like putting things on the agenda or deferring discussion to another date. That can be done by a majority of those present. TYLER: May I respond, Mr. Chairman? RAY: Sure. TYLER: I can understand that and I would say that if this was not as diligent a body and a committed a body as we have before us today, that at some point this might be necessary, but I think it’s quite clear from your rules and from your commitment to date, that a majority of you, if not unanimously, are file://\\coh01\cohweb\council\charter_commission\minutes\minutes 10-13-99.html7/1/2011