HomeMy WebLinkAboutRES 544 Draft 01 2024-2026A RESOLUTION AMENDING RULE NOS. 9 AND 10 OF THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I, RELATING TO VOTING AND DISCLOSURE OF INTEREST, RESPECTIVELY.
WHEREAS, on December 2, 2024, the Council of the County of Hawai‘i (hereinafter the “Council”) adopted the Rules of Procedure and Organization of the Council of the County of Hawai‘i
(hereinafter the “Rules”) as provided in Resolution No. 3-25 to govern the affairs of the Council; and
WHEREAS, Rule No. 16-1 provides, in part, that the 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”; and
WHEREAS, the Council finds that Rule Nos. 9 and 10 bear further consideration and clarification; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that Rule No. 9, governing Voting, is hereby amended by amending subrule 6 to read as follows:
“6. No member present 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. Any member excused from voting due to a conflict of interest under Rule No. 10 shall comply with the physical recusal
requirement set forth therein.”
BE IT FURTHER RESOLVED that Rule No. 10, governing Disclosure of Interest, is hereby amended by amending subrule 2 to read as follows:
“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.] recuse themselves in accordance with this Rule.
(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.”
BE IT FURTHER RESOLVED that Rule No. 10, governing Disclosure of Interest, is hereby amended by adding a subrule to be appropriately inserted and to read as follows:
“5. Any Council Member who has disclosed a substantial financial or personal interest in any matter proposed or pending before the Council or a Committee shall, after making the oral
disclosure required under subrule 4, physically remove themselves from the Council Chambers or meeting room during deliberation and voting on the matter. The recusal and removal shall
be recorded in the minutes.”
BE IT FINALLY RESOLVED that the County Clerk shall prepare and transmit to all appropriate parties a copy of the Rules, as amended herein, to replace the existing portions rendered obsolete
by this amendment; provided that, in preparing said pages, the brackets, bracketed and stricken material, and underscoring need not be included.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I