HomeMy WebLinkAboutRES 003 Draft 01 2024-2026 •40.+`.•.n„\y\\, .. \',
COUNTY OF HAWAI`I -sb.4. /.. • STATE OF HAWAI`I
+f,Tf OF 40t-•
`.
RESOLUTION NO. - 3 25
A RESOLUTION ADOPTING THE RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY OF HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
attached Rules of Procedure and Organization of the Council of the County of Hawai`i are
hereby adopted to govern the affairs of the Council.
Dated at Kailua-Kona, Hawai`i, this 2nd day of December, 2024.
INTRODUCED BY:
CZ--
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Kailua-Kona, Hawai`i GALIMBA X
HUSTACE X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawai`i on December 2, 2024
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
ONISHI X
VILLEGAS X
9 0 0 0
A.
, W-. ./("' Reference: C 4/Council
���[� Y CLE' HAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 3 25
RULES OF PROCEDURE AND ORGANIZATION
OF THE
COUNCIL OF THE COUNTY OF HAWAI`I
2024-2026 COUNCIL TERM
RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY HAWAI`I
TABLE OF CONTENTS
Page
RULE NO. 1 INITIAL CONVENING OF THE COUNCIL................................................................................ 1-1
RULENO. 2 MEETINGS...................................................................................................................................... 2-1
RULENO. 3 QUORUM........................................................................................................................................ 3-1
RULE NO. 4 OFFICERS AND THEIR DUTIES.................................................................................................. 4-1
RULE NO. 5 COMMITTEES................................................................................................................................5-1
RULE NO. 6 STANDING COMMITTEES........................................................................................................... 6-1
RULENO. 7 AD HOC COMMITTEES................................................................................................................ 7-1
RULE NO. 8 COMMITTEE REPORTS................................................................................................................8-1
RULENO. 9 VOTING..........................................................................................................................................9-1
RULE NO. 10 DISCLOSURE OF INTEREST...................................................................................................
10-1
RULENO. 11 PETITIONS..................................................................................................................................
1 1-1
RULE NO. 12 PUBLIC STATEMENTS AND TESTIMONY...........................................................................
12-1
RULENO. 13 MOTIONS....................................................................................................................................
13-1
RULE NO. 14 RECONSIDERATION................................................................................................................
14-1
RULE NO. 15 ORDER OF BUSINESS..............................................................................................................
15-1
RULE NO. 16 AMENDMENTS, REVISIONS, AND FORMAT OF THE RULES OF PROCEDURE............
16-1
RULE NO. 17 SUSPENSION OF RULES..........................................................................................................
17-1
RULE NO. 18 ORDER AND DECORUM IN COUNCIL AND COMMITTEE MEETINGS ..........................
18-1
RULE NO. 19 APPOINTMENTS........................................................................................................................
19-1
RULE NO.20 NEWS MEDIA............................................................................................................................
20-1
RULE NO.21 MANDATORY PROGRAM REVIEW.......................................................................................21-1
RULE NO. 22 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE .......
22-1
RULE NO. 23 BILLS AND RESOLUTIONS.....................................................................................................
23-1
RULE NO. 24 PARLIAMENTARY AUTHORITY............................................................................................
24-1
RULE NO. 25 INVOCATION.............................................................................................................................
25-1
RULE NO. 26 COUNCIL MEMBERS, STAFF AND ALLOWANCES............................................................
26-1
RULE NO. 27 COUNTY CLERIC.......................................................................................................................
27-1
RULE NO. 28 DEPUTY COUNTY CLERK.......................................................................................................
28-1
RULE NO. 29 LEGISLATIVE RESEARCH BRANCH.....................................................................................29-1
RULE NO. 30 SEVERABILITY.........................................................................................................................
30-1
RULE NO.31 PUBLIC HEARINGS...................................................................................................................31-1
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 as the Chairperson pro tempore, 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 immediately request a motion to elect the
Chairperson of the Council.
Upon 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
Cleric 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.
4. The rules of procedure shall become effective upon adoption and shall remain in effect
until amended or revised as provided herein.
1-1
RULE NO. 2
MEETINGS
1. Regular Council 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 meetings in East and West Hawaii. Absent extenuating circumstances,
ceremonial and other matters customarily handled in advance of Statements from the
Public shall be handled prior to the time stated in the agenda for public testimony and shall
be placed on the agenda.
2. Special Meetings. Special meetings may be called by the Chairperson or a majority of the
Council. Notice of any special meeting must be filed at least six calendar days before the
meeting, and also meet all other requirements of HRS 92-7.
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. Executive Meetings.
(a) Allowable Purposes for an Executive Meeting. The Council may hold a meeting
closed to the public:
(1) For one or more of the purposes set forth in HRS 92-5; or
(2) 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 (Section 13-20(b), Hawaii County Charter).
(b) Votes Required to Enter an Executive Meeting. The Council or its Standing
Committees 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. The reason for holding such a meeting shall be publicly
announced and the vote of each member on the question of holding a meeting closed
to the public shall be recorded and entered into the minutes of the meeting.
2-1
Chart of Minimum Required Votes
Members
Present
2/3 of
Membership
Required
Votes
9
6
6
8
5.33
6
7
4.66
5
6
4
5
5
3.33
5
(c) Any resultant official action shall be acted upon in open meeting in accordance with
Section t3-20(b) of the Hawaii County Charter.
(d) An Executive Meeting is terminated when the purpose of the meeting has been
fulfilled.
(e) The references for this section are HRS 92-4 and 92-5.
5. Emergency Meetings.
(a) Imminent Peril. 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 92-7,
the Council may hold an emergency meeting in accordance with the provisions of
HRS 92-8.
(b) Unanticipated Event. If an unanticipated event requires a Council to take action on a
matter over which it has supervision, control, jurisdiction, or advisory power, within
less time than is provided for in Section 92-7 to notice and convene a meeting of the
Council, the Council may hold an emergency meeting to deliberate and decide
whether and how to act in response to the unanticipated event in accordance with
HRS 92-8.
6. Videoconference Meetings. The Committees and Council may hold videoconference
meetings provided that:
(a) If a Council Member wishes to attend a meeting via videoconference, a written notice
shall be submitted to the Council Chairperson; and
(b) The meeting is conducted in accordance with HRS 92-3.5 and HRS 92-3.7.
2-2
7. Sine Die, Sine Die is the last scheduled meeting of an outgoing Council and is not
considered a regular meeting. The following conditions apply:
(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 six (6) 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 Chairperson. Repeated absences by any Council Member may be
cause for suspension in accordance with Section 3-7(d)(2) of the Hawaii County Charter,
10, Roll Call. At regular meetings of the Council, a voice roll call will be taken to confirm
each Council Member's attendance. A Council Member shall respond by answering "e6,"
"present," or "here."
11. 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.
12. Scheduling.
(a) The Council Chairperson is authorized to schedule or reschedule the location, time,
date and/or subject matter of Regular, Committee, Special, or Executive meetings,
provided the Committee Chairperson is consulted about the scheduling or
rescheduling of a Committee meeting.
(b) Public notice for any Regular, Committee, Special, or rescheduled meetings, or
Executive meetings when anticipated in advance, shall be provided pursuant to
HRS 92-7.
2-3
(c) Any request for referral of a presentation shall be approved in advance by the Council
Chairperson. The request shall include the proposed date for the presentation, a brief
description of the content of the presentation, the person(s) or group that will be
providing the presentation, and, if applicable, the bill or resolution related to the
presentation. Any request so approved shall be referred by the Council Chairperson to
the appropriate Committee to be heard on the date as proposed in the requesting
communication, unless the Committee Chairperson determines the presentation will
occur on a date other than that which has been proposed. Presentations shall be no
more than fifteen minutes.
2-4
RULE NO. 3
QUORUM
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 or continued 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.
3-1
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. At the request or in the absence,
disability, or virtual attendance of the Chairperson, the Vice Chairperson shall act as the
Presiding Officer. In the absence, disability, or virtual attendance of both the Chairperson
and Vice Chairperson, the Finance Committee Chairperson shall serve as the presiding
officer. In the absence, disability, or virtual attendance of the Chairperson, Vice
Chairperson, and the Finance Committee Chairperson, the Council shall elect from among
its members a temporary presiding officer.
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) Maintain order and proper decorum and 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.
(c) Announce the business before the Council in the order prescribed by these rules and
the results of any Council vote.
(d) Sign all documents and authenticate all official acts of the Council as required,
(e) Receive all reports, communications, bills, resolutions, and other items from the
public, the Mayor, various departments of the govermnent, and individual Council
Members, and 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)
(f) Authorize (approve or deny) requests for items to be waived to the Council agenda
upon written approval of the Committee Chairperson.
4-1
(g) 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.
(h) Make known all rules of order when so requested and decide all questions of order
and procedure, subject to appeal to the Council.
(i) Serve as the chief spokesman and representative of the Council for matters before the
public, the State and Federal governments, and the County administration in
accordance with the official position of the Council.
0) Assist the Chairpersons and members of the Committees and ad hoc committees by
assuring the availability of adequate administrative and staff support.
(k) Authorize (approve or deny) all travel requests of Council Members and staff as
provided in Section 13-17, Hawaii County Charter, and Article 16, Section 2-94(a)
and (b), Hawai`i County Code.
(1) Recommend a calendar of events to include Council meetings, Committee meetings,
agenda deadlines, recesses, special meetings, holidays, etc.
4-2
RULE NO. 5
COMMITTEES
1, Ty e. There shall be two (2) types of Committees:
(a) Standing Committees
(b) Ad Hoc Committees (see Rule No. 7)
2. Establishment of Standing Committees.
(a) Standing Committees dissolve at the end of the Council term.
(b) The members of the Council shall establish all Standing Committees and designate
the Chairperson and Vice Chairperson of each Standing Committee by resolution at
the initial convening of the Council.
(c) After the selection of each Committee's Chairperson and Vice Chairperson at the
initial convening of the Council, any change of Chairperson or Vice Chairperson,
change of the responsibility of the Committee, or to add or remove a Committee shall
require a resolution.
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 Council Members shall be members of each Standing
Committee with voting privileges.
5. Procedures for Referrals to Standing Committees.
(a) The Council Chairperson shall assign the referrals to the appropriate Standing
Committee as described in Council Rule No. 4-2(e).
(b) All referrals forwarded to a Standing Committee's Chairperson shall, upon
compliance with the mandated six -calendar -day posting notice, be placed on the
agenda of the appropriate Standing Committee by the Committee Chairperson.
(c) Any recommendation or determination by a Committee shall be dispensed with by a
formal motion and vote.
(d) A Standing Committee may expedite its business by means of referring matters to an
Ad Hoc Committee.
5-1
6. Responsibilities of the Committee Chairperson.
(a) The Chairperson of each Standing Committee shall receive all referrals to the
Committee and shall place referrals on the first available agenda unless:
(1) Said Chairperson determines circumstances exist that warrant holding the
referral to the second available Committee meeting with the concurrence of the
originator; or
(2) At the request of the administration on any of its bills (except the Operations
and Capital Improvement Project budgets), resolutions, or communications, that
referral may be held to a future date with the concurrence of the Committee
Chairperson or Council Chairperson as appropriate.
(b) Matters required by law for immediate Council action shall be placed on the first
available Committee agenda.
(c) The Chairperson of each Committee shall preside at all meetings unless the
Chairperson voluntarily relinquishes the chair.
(d) In the absence of the Committee Chairperson or in the event the Committee
Chairperson participates via videoconference, the Vice Chairperson shall perform the
duties of the Chairperson. In the absence, disability, or virtual attendance of both the
Chairperson and Vice Chairperson of a Standing Committee, the Committee shall
elect from among its members a temporary Chairperson (Section 3-6(a), Hawaii
County Charter). For the process of electing a temporary Chairperson, the Finance
Committee Chairperson shall act as Chairperson pro tempore. (Rule No. 4-2)
(e) The Chairperson shall maintain order and proper decorum and administer the receipt
of oral and written testimony in accordance with these rules.
(f) The Chairperson may speak on a matter before his or her Committee without
relinquishing the Chair, provided deliberation on the matter from all other members
of the Committee has ended. Any item introduced to the Committee by the
Chairperson, excluding items introduced by request, shall require that the Chairperson
first relinquish the position of Chairperson to the Vice Chairperson or temporary
Chairperson.
5-2
(g) 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.
(h) The Committee Chairperson shall review the Committee agenda and prepare any
required reports for each meeting.
Other. In all other matters, Committees shall conduct their business in accordance with
these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
5-3
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 Governmental Operations and External Affairs
(c) Committee on Communications, Reports, and Council Oversight
(d) Committee on Legislative Approvals and Acquisitions
(e) Policy Committee on Planning, Land Use, and Economic Development
(f) Policy Committee on Health, Safety, and Well-being
(g) Policy Committee on Public Works and Mass Transit
(h) Policy Committee on Environmental and Natural Resource Management
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 budget, capital improvement projects, supplemental
appropriations, improvement districts, non -land lease agreements,
appropriations, County bonds, taxes, intergovernmental revenues, grants,
licenses, fees, purchasing, 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, tax policy and
exemptions, and financial audits.
(3) Matters related to reports from the Department of Finance.
(b) Committee on Governmental Operations and External Affairs:
(1) Matters related to nominations and appointments.
(2) Matters related to County, State or Federal laws, the Office of the Prosecuting
Attorney, and legal matters, excluding those that require Council authorization.
(3) Matters related to amending the County Charter, Council Rules of Procedure
and Organization, and Chapters 1 (general provisions) and 2 (administration) of
the Hawaii County Code.
6-1
(4) Matters related to State and Federal legislation, Hawaii State Association of
Counties, National Association of Counties, State/County overlapping
functions, international relations, Sister City relationships, Hawaiian affairs,
Office of Hawaiian Affairs, Department of Hawaiian Home Lands, and Federal,
State and County agency relations.
(5) Matters related to public participation in government, public education, and
open government.
(c) Committee on Communications, Reports, and Council Oversight:
(1) Matters related to reports, communications, and performance and management
audits from the executive branch, excluding reports from the Department of
Finance.
(2) Matters related to reports and communications from non-govermnental
organizations.
(d) Committee on Legislative Approvals and Acquisitions:
(1) Matters related to planning approvals for a distinct property or properties.
(2) Matters related to the approval of dedication deeds.
(3) Matters related to the acquisition of public lands and stewardship grant
approvals.
(4) Matters related to the lease or sale of public lands.
(5) Matters related to the approval of Nonprofit Grants -in -Aid awards: Waiwai
Grant Program.
(e) Policy Committee on Planning, Land Use, and Economic Development:
(1) Policy matters related to the general plan, community development plans,
subdivisions, zoning, land use, infrastructure requirements, coastal zone
management, historic sites and trails, cultural resources, street names, public
lands and access, and associated fees.
(2) Policy 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.
6-2
(f) Policy Committee on Health, Safety, and Well-being:
(1) Matters related to parks and recreation, youth activities, elderly activities,
cemeteries, and associated fees.
(2) Matters related to police and fire protection, civil defense, liquor control,
humane society, animal control, prosecuting attorney, emergency preparedness,
emergency management, disaster recovery, and associated fees.
(3) Policy matters related to health care, health insurance, community clinics, and
increasing access to such professional services.
(4) Policy matters related to human services, social services, social service
agencies, homelessness, and nonprofit programs.
(5) Matters related to culture, arts, and heritage.
(g) Policy Committee on Public Works and Mass Transit:
(1) Policy matters related to housing, building, fire, plumbing, and related codes as
they pertain to development.
(2) Policy matters related to management of public facilities, highways, scenic
byways, floodways, flooding and drainage, bridges, public utilities,
telecommunications, data systems, broadband, traffic control, sign regulations,
road beautification, and associated fees.
(3) Policy matters related to public transportation/mass transit programs and
associated fees.
(h) Policy Committee on Environmental and Natural Resource Management:
(1) Policy matters related to the management of solid and hazardous waste,
wastewater, recycling programs, and associated fees.
(2) Policy 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) Policy matters related to climate change.
(4) Policy matters related to the protection, preservation, and enhancement of the
environment.
6-3
(5) Policy matters related to natural resource management.
(6) Policy matters related to agriculture sustainability, food processing, diversified
agriculture, development of agriculture, forestry, aquaculture, mariculture,
fertilizers, invasive species, fisheries, and other natural resources.
(7) Policy matters related to solar energy, geothermal energy, wind, biomass,
hydropower, wave energy production, biofuel and synthetic fuel production,
power systems, and energy -efficient technologies for buildings not covered by
the Committee responsible for public works.
3. The Chairperson and Vice Chairperson 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 four (4) 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 -malting 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.
Other. In all other matters, the ad hoc committee shall conduct its business in accordance
with these rules and the law.
7-1
RULE NO. 8
COMMITTEE REPORTS
l . 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 shall contain the communication number and, when applicable, its respective
bill or resolution number; the date and location of the meeting; the title of the bill,
resolution, or communication; a summary on the matter; and the Committee vote by
individual to move this matter forward to the Council with a positive or negative
recommendation. The report of a Committee on any matter shall be signed by its
Chairperson.
4. The report of a Committee on a bill or resolution shall state clearly the amendments by
communication number, introducer, and whether the amendment was approved or
disapproved, if any amendments are proposed.
5. 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.
8-1
RULE NO. 9
VOTING
1. There shall be four (4) methods of voting:
(a) By voice
(b) By raising of hands
(c) By unanimous consent
(d) By roll call
2. The method of voting at Council Meetings shall be determined by the Chairperson,
provided that if a vote is not unanimous, the Chairperson shall amlounce the names of those
members voting in the minority and those who are absent. 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. The Chairperson shall use a roll call vote:
(a) When the result of a vote is not unanimous;
(b) Upon the request of any member of the Council; or
(c) At the discretion of the Chairperson.
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. 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. The Chairperson shall use a roll call vote:
(a) When the result of a vote is not unanimous;
(b) Upon the request of any member of the Committee; or
(c) At the discretion of the Chairperson.
4. When a voice or roll call vote is called, each member shall answer in a clear voice " `ae" or
"aye" if voting in the affirmative, or"Vole" or "no" if voting in the negative. When one or
more members are participating from remote locations via videoconference, all members
shall activate their microphones prior to voicing their vote.
9-1
5. Any Council Member who has reservations on any motion may vote in a clear voice
"kanalua." After all the members have voted, any member who voted "kanalua" will be
asked again to give a voice vote. The member shall then vote " `ae" or "aye" or " Vole"
or no.
6. No member shall refrain from voting unless excused by the Chairperson for a stated
conflict of interest 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 Chairperson calls for the vote, a Council Member shall not be permitted to
explain a vote. After the am-iouncement 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. 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 13-20, 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);
LJ
(b) Override the mayor's veto (Section 3-12, Hawaii County Charter);
(c) Authorize the employment of special counsel (Section 6-5.5, 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(e), Hawaii 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.
12. 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 (Sections 3-9 and
3-10(a), Hawaii County Charter); or
(b) Layover an amended bill for at least one week before final reading (Section 3-10(d),
Hawaii County Charter).
13. Members of boards and commissions duly appointed by the Mayor, as prescribed in
Section 134(b), Hawaii County Charter, shall be voted on individually and not as a group
or as a slate of members or nominees.
9-3
RULE NO. 10
DISCLOSURE OF INTEREST
l . 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 frill
disclosure in writing to the Chairperson of such interest prior to the taking of any vote
thereon as provided by Section 14-3(a), Hawaii 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,
domestic partner, children, siblings, parents, grandparents, or grandchildren, 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, including nonprofit businesses.
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), Hawaii 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.
10-1
RULE NO. 11
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 County
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.
RULE NO. 12
PUBLIC STATEMENTS AND TESTIMONY
l . Written Testimony. Written testimonies shall be received for the record on any agenda
item. 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 live
testimony on any agenda item may do so consistent with this rule.
(b) Persons wishing to present live testimony relating to any agenda item shall register
with the County Cleric prior to the item being read into the record by the County
Clerk, indicating the item on which they wish to testify and their position, if any.
(c) Testimony may be given at the beginning of the agenda or in advance of a specific
item.
(d) Persons sharing the same or similar points of view may testify as a group with one
spokesperson who shall list the names of all persons in the group in attendance and
may state their home community or district, and that listing of names shall not be
considered as part of the time allotted for public testimony.
(e) Each person may testify for three minutes per agenda item, subject to the discretion of
the Chairperson.
(f) Each person must testify at the time of calling, unless the Chairperson determines
otherwise.
(g) No person will be allowed to testify twice on the same subject.
(h) Any person wishing to testify on more than one subject shall register separately for
each agenda item.
(i) Those testify shall direct their remarks to the Chairperson and not to any individual
Council Member or person in attendance.
0) All members of the public shall observe decorum and extend proper courtesy and
respect to one another and to all Council Members. All persons shall be addressed by
their surnames. No profanity or abusive remarks will be allowed at any time in any
meeting.
12-1
(k) Any person who violates the rules of decorum, is disrespectful by any disorderly or
contemptuous behavior, or disrupts the function of the Council or Committee, may be
removed from the meeting at the discretion of the Chairperson.
(1) 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. A Council Member may, however, request that a person
presenting public testimony on an agenda item be available for questions during subsequent
discussion.
12-2
RULE NO. 13
MOTIONS
1. 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. (Section 43, Robert's Rules of
Order)
2. A Council Member must be recognized by the Chairperson before making a motion. A
Council Member need not be recognized by the Chairperson before that Council Member
seconds a motion; the Council Member malting the second just needs to state for the
record: "Second." The Chairperson shall repeat the names of the persons making the
motion and the second, and shall also restate the motion. No motion may be received and
considered by the Council or a Committee until the same has been seconded. (Section 4,
Robert's Rules of Order)
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 member malting the motion without consent of the corresponding second
at any time before a decision or amendment. (Section 33, Robert's Rules of Order)
4. Whenever any question is under discussion, the precedence of commonly used motions
thereto shall be to:
(a) Lay on the table.
This motion is to interrupt the pending business temporarily when something else of
immediate urgency has arisen and is out of order if the evident intent is to kill or
avoid dealing with a measure. So long as the question remains on the table, the
decision when or if it will be taken up is left open until resumed for discussion by a
majority vote at the current meeting or until close of the next regular meeting. A
question laid on the table can remain live only until the end of the next regular
meeting, and, unless taken from the table earlier, the matter dies with the adjournment
of that meeting. This motion is not debatable. (Example: "I move to lay Resolution
`X' on the table.") (Section 17, Robert's Rules of Order)
13-1
(b) Call for the question.
The object of this motion 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. The motion
is voted on separately from the matter to which it is applied and is not debatable.
(Examples: "I move to call for the question," "I call for the question," "I call for the
previous question," or "I move that we vote now.") (Section 16, Robert's Rules of
Order)
(c) Postpone to a certain time.
This is a motion that delays action on a pending question to a definite day, meeting,
time, or until after a certain event. This motion requires a second, is debatable, must
not debate the merits of the main question any more than necessary to decide if the
main question should be postponed and to what time. The motion is amendable and
requires a majority vote. (Example: "I move to postpone this matter until `date or
time'.") (Section 14, Robert's Rules of Order)
(d) Postpone to the call of the Chair.
When a question is postponed to the call of the Chair, 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 request of the Council or Committee Chairperson. The
motion must be seconded, is debatable, is not amendable, and requires a majority
vote. (Examples: "I move to postpone this matter to the call of the Chair," or "I move
to postpone Resolution or Bill `X' to the call of the Chair.")
(e) 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. This motion indicates that
the Committee or Council declines to take a position on the main question and the
adoption of the amendment effectively kills the main motion. The motion must be
seconded, is debatable, is not amendable, and requires a majority vote. (Examples: "I
move to postpone this matter indefinitely," or "I move to postpone Resolution or Bill
13 -2
`X' indefinitely.") (Section 11, Robert's Rules of Order)
(f) Commit (or refer).
This motion is generally used to send a pending question to a small group of select
persons — a committee, for careful investigation and study. This motion must be
seconded, is debatable and amendable, and requires a majority vote for passage.
(Example: "I move to refer this matter to the `X' committee.") (Section 13, Robert's
Rules of Order)
(g) Amend.
This motion is used to modify the wording of a bill or resolution before it is acted
upon. 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 Cleric 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. It must be seconded, is debatable and generally amendable, requires a
majority vote for passage, and can be reconsidered. (Example: "I move to amend Bill
or Resolution `X' with the contents of Communication `Y'.") (Section 12, Robert's
Rules of Order)
(h) Close file on subject matter.
A motion to "close file" terminates discussion on a matter and records the report or
presentation in the permanent history of the Council or Committee. Communications
are finalized by a vote to "close file," requires a second and a majority vote.
(Example: "I move to close file on communication `X'.")
Point of Order. A member can raise a question of whether or not something is
inappropriate or wrong when the member feels that the rules of the Council or Committee
are being violated, thereby calling upon the Chairperson for a ruling and an enforcement of
the rules. It does not require a second, is not amendable, cannot be reconsidered and is not
debatable. (Section 23, Robert's Rules of Order)
(a) If a "point of order" is raised:
(1) It takes precedence over any pending question out of which it may arise;
13-3
(2) It must be raised promptly at the time the breach occurs;
(3) The Chairperson may consent to permitting a member to explain, or a
knowledgeable or interested member can be heard by way of explanation; and
(4) It is ruled on by the Chairperson without a vote, unless the Chairperson is in
doubt or the Chairperson's ruling is appealed.
(b) A motion to appeal the Chairperson's ruling on a point of order:
(1) Is not applicable to an opinion by the Chairperson;
(2) Requires a second to be heard, at which time the question is taken from the
Chairperson and vested in the entire Council or Committee for a final decision;
and
(3) Takes precedence over any question pending at the time.
6. 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.
7. Notwithstanding paragraph 4, Council -initiated bills to amend the Subdivision 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 Chatter,
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.
8. Adjournment. Meetings may be adjourned when there is no further business on the agenda
or at any time by motion and vote. Unless otherwise specified in the motion, every
13-4
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.
13-5
RULE NO. 14
RECONSIDERATION
1. A reconsideration motion is made when a Council or Committee member wishes to re -
discuss and revote on a prior action and can be taken at the same meeting or at the next
regular meeting. Pursuant to Section 3-10(e) of the Hawaii County Charter, 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. The effect of granting reconsideration is to bring the entire matter
back to the Council or 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, unless
the matter was approved unanimously by the members present.
3. 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.
4. Bills and resolutions that have passed final reading shall remain in the possession of the
Council and the County 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, the time for its passage has expired by operation of
law, or it was approved by unanimous vote of the membership present.
5. 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.
6. If the motion to reconsider fails, the vote previously taken on the bill or resolution shall
become final.
7. A motion can be reconsidered only once.
8. Any bill or resolution that has failed cannot be reintroduced in substantially the same form
during a Council term.
14-1
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.
14-2
1
K
RULE NO. 15
ORDER OF BUSINESS
Subject to the discretion of the Chairperson and prior to the Call to Order, an invocation
may be delivered in accordance with Rule No. 25.
The following shall be the Order of Business for the Council:
(a) Call to Order
(b) Roll Call
(c) Pledge of Allegiance
(d) Petitions, Memorials, Certificates of Merit and Expressions of Condolence
(e) Approval of Minutes
(f) Reports
(g) Communications
(h) Order of Resolutions
(i) Bills for Ordinances (First Reading)
0) Order of the Day (Second or Final Reading)
(k) Referrals for Executive Session
(1) Other Business
(m) Announcements
(n) Adjournment
15-1
RULE NO. 16
AMENDMENTS REVISIONS AND FORMAT OF THE 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 such amendment(s) are placed on the agenda of a duly noticed meeting.
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.
3. Each page of these rules shall have its page number on it at the bottom right of the page.
Pages shall be numbered starting with the rule number, a hyphen, and the page number
starting with "L" (Example: 17-1, 17-2, etc.)
4. If a rule is amended, the resolution number providing that amendment, including date of
adoption, shall be placed at the bottom left corner of the affected page(s). (Example:
Amended -Resolution No. 1-10, 4-1-11.)
5. These rules shall be placed in a binder for each Council Member for ease of replacing those
pages made obsolete due to amendment.
16-1
RULE NO. 17
SUSPENSION OF RULES
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.
Such a motion requires a two-thirds vote of the entire membership, unless otherwise
provided, and cannot be reconsidered.
17-1
RULE NO. 18
ORDER AND DECORUM IN COUNCIL AND COMMITTEE MEETINGS
1. All hearings and meetings will begin promptly at the scheduled announced time unless the
meeting has been delayed by extension of another Committee meeting. In the event that a
meeting is delayed, the Chairperson of the preceding meeting shall announce the
approximate starting time of the delayed meeting.
2. A Council Member must be recognized by the Chairperson before speaking, unless
seconding the motion of another Council Member (Rule No. 13-2) or raising a point of
privilege, order, or information. The member shall address the Chairperson when
recognized and shall confine their discussion to the merits of the question under debate.
3. Discussing matters outside of the question under debate, engaging in commentary on
personal matters, motives, intentions, or personalities shall raise a point of order.
4. 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.
5. All Council Members shall extend proper courtesy, fairness, and impartiality to one another
and to all persons speaking before the Council (Section 14-4, Hawaii County Charter). All
persons shall be addressed by their surnames and titles, if applicable.
6. Profanity, obscenity, name calling, abusive remarks, obscene or impolite gestures, threats
or threatening gestures, or throwing items shall not be allowed at any time in any meeting.
7. The Chairperson shall maintain order and proper decorum (Rule No. 4-2(b)). If any Council
Member behaves in a disorderly or contemptuous manner during any session of the Council
or Committee, the following actions should take place:
(a) The Chairperson shall order the Council Member to cease and shall preserve the
peace.
(b) If the Council Member persists in violating this rule, the Chairperson shall order the
County Cleric 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.
(c) Upon affirmative vote of two-thirds of the Council membership, a member may be
suspended under Section 3-7(d)(1), Hawaii County Charter.
18-1
8. The County Clerk shall maintain order among those members of the public and the
administration present at Council and Committee meetings, and when required or in the
County Clerk's judgment, remove any person who violates these rules. (Rule No. 28-2(f))
9. Nothing in this rule shall diminish the responsibility or authority of the Chairperson to
maintain order and decorum.
10. No Council Member may speak longer than five (5) minutes 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.
I t . 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.
18-2
RULE NO. 19
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), Hawaii 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 144(b), Hawaii County Charter)
19-1
RULE NO. 20
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.
20-1
RULE NO. 21
MANDATORY PROGRAM REVIEW
1. In order to comply with Section 3-16, Hawaii County Charter, relating to Mandatory
Program Review:
(a) At least once every four years, the Council shall conduct a critical review of every
program of all departments or agencies supported wholly or partially by County
funds.
(b) The designated 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) If warranted, the Council may conduct further research into a program in accordance
with these rules.
(e) Unless the Council shall favorably authorize the continuation of a program at current
or modified levels, the program shall be terminated at the end of the current fiscal
year.
2. Further research into a program or issue may be conducted by:
(a) A Standing Committee.
(b) The Office of the County Auditor pursuant to adoption of a Council resolution.
(c) An independent contractor pursuant to adoption of a Council resolution.
21-1
RULE NO. 22
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.
22-1
RULE NO. 23
BILLS AND RESOLUTIONS
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 new
bills, resolutions, petitions, and other communications shall be filed with the County
Clerk by 12 noon of:
(1) The twelfth business day preceding the day of the Committee meeting; or
(2) The thirteenth business day preceding the day of the Council meeting.
New bills, resolutions, petitions, and communications received later than said times
shall be placed on the agenda of the next respective Committee or Council meeting,
as the case may be.
(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) 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 X of the Hawaii County Charter;
and
(2) The correction of manifest clerical or typographical errors in numbering,
spelling, capitalization, punctuation, grammar and gender tern -is, provided that
the correction does not alter the meaning or effect of the underlying bill or
resolution.
23-1
(e) A bill or resolution that is amended shall be signed and transmitted by the introducer
of the bill or resolution. If the amended bill or resolution was introduced by a Council
Member who is no longer on the Council, the Council Chairperson shall sign and
transmit the amended bill or resolution.
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
23-2
examination by the public in the Office of the County Clerk, and notice of the
availability of said copies shall be published by the County 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 County 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 County 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
23-3
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.
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 County
Clerk within ten (10) calendar days of receipt of the bill. (Section 10-5, Hawaii County
Charter)
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;
23-4
(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
(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
23-5
RULE NO. 24
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.
24-1
RULE NO. 25
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) "Kahu" shall mean a person who holds a position of responsibility or authority in
Native Hawaiian culture, such as an `aina steward, a spiritual leader, or a cultural
practitioner.
(d) "Kumu" shall mean a teacher of Native Hawaiian cultural practices.
(e) "Minister" shall mean one who officiates over or leads a church worship service.
2. Subject to the discretion of the Chairperson, an invocation may be delivered by a kahu,
kumu, or minister prior to the call to order for any Council meeting. The Chairperson shall
approve the selection of the kahu, kumu, or minister.
The Office of the County Clerk shall maintain a list of kahu, kumu, or minister 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.
A kahu, kumu, or 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 or her name removed. A kahu,
kumu, or minister who would like to become part of the list maintained by the Office of the
County Clerk subsequent to the adoption of this rule will be asked to submit his or her
contact information to the County Clerk.
25-1
RULE NO. 26
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.
(b) Each Council Member is assigned two fulltime staff-
(1) Council Aide
(2) Council Legislative Assistant
(c) The Chairperson is assigned five additional fulltime staff-
(1) Executive Assistant to the Chairperson
(2) Deputy Executive Assistant to the Council Chairperson
(3) Special Assistant
(4) Special Assistant
(5) 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;
(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
26-1
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; and
(6) Assisting other divisions of the office if approved by the appointing Council
Member with the concurrence of the County Clerk.
2. 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 cormection 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, refreslunents, special 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.
26-2
(6) The expenses of his/her staff.
(7) Monthly cell phone reimbursement not to exceed $90.00 per month.
(8) Joint district expenditures for allowable expenses are permitted.
(c) Each Council Member shall be personally responsible for paying 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.
(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, and which may be awarded as a grant to a nonprofit
organization pursuant to Section 2-139 of the Hawaii County Code.
(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.
26-3
(c) Funds shall be transferred to a County agency by resolution, which shall be referred
directly to the Council and placed on the first available agenda.
(d) All purchases of equipment by the County must follow the procurement law and be
domiciled in the County Departments. Equipment, supplies and products are the
property of the County.
(e) All purchases of equipment by a nonprofit organization shall be domiciled with that
nonprofit organization, which shall assume any and all liability for such equipment.
(f) Transfers between the DAE and Contingency Relief accounts are prohibited.
(g) Transfers from a district account to other district accounts are prohibited.
26-4
RULE NO. 27
COUNTY CLERK
Count. The County Cleric 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 Cleric, in addition to those duties prescribed by
law, including Section 3-6(b), Hawaii County Charter, to:
(a) Be responsible for the administration of the Office of the County Cleric.
(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) Absent extenuating circumstances, 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.
27-1
RULE NO. 28
DEPUTY COUNTY CLERK
1. Deputy County Cleric, The Deputy County Cleric shall be appointed by the County Cleric
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 Cleric to:
(a) Assume the duties of the County Cleric in the Cleric's absence,
(b) Absent extenuating circumstances, attend all Committee meetings and read all
proposed bills, resolutions, and other matters to the Committee, as requested.
(c) Perform other duties as may be assigned by the County Cleric.
28-1
RULE NO. 29
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 Office of the County Clerk.
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) Hawai`i 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) Hawai`i 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 County Cleric in the management of archived
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.
0) Perform other duties as may be assigned by the County Clerk.
3. Personnel assigned to the LRB shall report to the County Clerk and comply with internal
guidelines established by the County Clerk and the Deputy County Clerk.
29-1
RULE NO. 30
SEVERABILITY
If any rule contained herein conflicts 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.
30-1
RULE NO. 31
PUBLIC HEARINGS
Any request for a public hearing requires an affirmative vote of at least three Standing
Committee or Council members.
2. All public hearings shall be held within thirty days of the affirmative vote for a public
hearing.
The time, date, and place of any public hearing will be determined by the Committee or
Council Chairperson or by a majority vote of the Committee or Council if there is a motion
to have the Committee or Council determine the specific criteria.
4. The public hearing should be held in the area or district most affected. If the matter affects
the entire island, then it may be heard in any area or district on the island. If it impacts
multiple districts, then it may be heard in any one of the impacted districts as determined
by the Committee or Council Chairperson.
5. Videoconference may be used if it is available.
6. A call for a public hearing regarding any budget amendment to the proposed operations or
capital improvement project budgets shall be completed no later than May 31 of the current
fiscal year.
31-1