Loading...
HomeMy WebLinkAboutRES 002 Draft 02 2000-2002 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. Z u0 Draft 2 ADOPTING NEW RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAVb'.AI'I BE IT RESOLVED BY THE COLRdCIL OF THE COLTiTY OF HAWAII that the attached Rules of Procedure of the Council of the County of Hawarl is hereby adopted to govern the affairs of the Council Dated at Hllo, Hawaii, this 4'h day of December 2000 T ED C L IL MEMBER, COUNTY OF HAWAII COLR~TY COLTICIL ROLL CALL VOTE _ County of Hawaii I AS FS NOES 48S EX H110. H3wa1't ~ 4RAh AKI I CHI;\G X ~ J I hereby Bendy chat the foregmne RESOLCTION was b. FI ARIOVOFF the ~ot~ indicated io the nght hereul adopted by the COI TICII o(the ( ouni~ of Ha~~ai i un December 4, ZOOO - JACOBSOK l EITHEAD-T000 X ~ _ PISICCHIO X I ATTI ST SAFARII~ X IYLLR ; X .tAGONG j ~ 9 0 0 O J ~C Reference C-1,_~_ - _ CO~L~'~TY CLER' CHAIRMAN & PRESIDING OFFICER RESOLUTION VO ~ ao (DRAFT 21 RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY HAWAII TABLE OF CONTENTS Page RULE NO 1 IV ITIAL CONVENING OF THE COLNCIL 2 RULE NO 2 MEETINGS 3 RULE VO 3 QUORL;M 5 RILE NO 4 OFFICERS AVD THEIR DUTIES 6 RULE NO 5 COUNTY CLERK 8 RULE VO 6 COMMITTEES 9 RIiLE N'O 7 STANDING COMMITTEES I I RULE NO 8 SUBCOMMITTEES I RILE NO 9 AD HOC COMMITTEES 14 RULE NO 10 COMMITTEE OF THE WHOLE 15 RULE VO I I COMMITTEE REPORTS I6 RILE NO 12 VOTING 17 RULE NO 13 DISCLOSURE OF INTEREST 20 RILE VO Id PETITIONS '_2 RULE NO IS PUBLIC STATEMENTS AVD TESTIMONY 23 RULE NO 16 MOTIONS 25 RULE VO 17 RECONSIDERATION 27 RULE NO I S ORDER OF BUSINESS 28 RULE NO 19 AMENDMENTS AND REVISIONS 29 RILE NO 20 SUSPENSION OF RULES 30 RULE NO 21 ORDER AND DECORUM 31 RULE NO 22 LEGISLATIVE AUDITOR 33 RULE VO 23 APPOINTMENTS 3d RL;LE NO 24 NEWS MEDIA 35 RULE NO 25 MANDATORY PROGRAM REVIEW' 36 RULE NO 26 CERTIFICATE OF MERIT. AIEMORI,4LS, 4ND EXPRESSIONS OF CONDOLENCE 37 RLLE NO 27 BILLS AND RESOLl;T10NS 38 RULE NO 28 PARLIAMENTARY 4U'THORITY 43 RULE NO 291NVOCATIOV 44 RILE VO 30 SEVERABILITY a` - I - 12~3~00 RliLE N0 1 INITIAL CONVENING OF THE CO[~TiCIL 1 Vb'hen the time specified by law attrves for the first convening of the newly elected council and until such time as the chair shall be elected. the mayor shall preside at such meeting provided. however, that the mayor shall not have a vote 2 The mayor shall call the meeting to order and appoint a temporan• clerk as provided m Section 3-6. Hawaii County Charter 3 The mayor, shall then appoint a credentials committee of not less than three members The credentials committee shall immediately examine the credentials of the council members elected if a majority of the credentials are m order, the credentials committee shall so report The mayor. as the temporary chair. shall then request a motion to elect the chair of the council 4 Immediately after being elected. the chair shall assume the position of the presiding officer, and the council shall then elect the vice chair of the council and appoint the county clerk, as provided by Section 3-6, Hawaii Counh Charter The council shall then adopt the council rules of procedure and appoint the chairs and vice chairs of the standing committees by resolution ~ The rules of procedure shall become effective upon adoption and shall remain in effect until amended or revised as provided herein _z_ iz•aoo RULE NO ~ MEET[NGS 1 Reeular Meetings Except as otherwise provided. the council shall meet regularly at least hwice m every month beginning at 9 00 A M m the council meeting room at the County building. Hilo. Hawaii, on the first and thud V~'ednesday of each month, or at other places and.'or limes designated by [he counctl, provided, however, that the counctl shall meet at least quarterly to the judicial districts of North Kona or South Kona, at locations and limes designated by the counctl 3 Special Meehni?s Except as otherwise provtded by law, special meetings may he called by the presiding officer of the counctl or a ma~onty of the counctl, provtded that the date, lime and place of such meetings are announced prior to ad~oumment of a regular meetmg, otherwise, only upon the publication of a notice of such meetmg m at least two daily newspapers of eeneral circulation m this county at least hwenty-four (24) hours m advance of such meeting If this publication of notice cannot be met because of insufficient time, the meetmg notice shall be made by broadcasting a minimum of three announcements m the English language over FCC licensed public radio stations m this county or television stations with local audience at least twenty-four (24) hours in advance of such meeting m accordance with Section 13-20(c), Hawaii County Charter 3 Committee Meehnas Except as otherwise provided, those standing committees hawing referrals shall meet beginning at 9 00 A M m the council meeting room on the day preceding a regular council meeting or at other places and./or times destgnated by the council 4 Scheduline The council chair shall be authonzed to schedule or reschedule the lime. date and`or subject matter of its regular, spectal. or committee meeungs and to publish public notice upon the giving at least six (6) days nonce to the public and council members The chair shall promptly notify all council members and the county clerk by wntten memorandum as to the scheduling or rescheduling of any such meeungs 5 Executive Sessions The council may hold a meeting closed to the public for one or more of the purposes set forth in Section 92-5. Hawat`i Revised Statutes, or where personal matters affecting the pnvacy of an individual are to be considered and the individual im•olved requests a iza•oo closed meeting to consider such matter, however. any official action resulting therefrom shall he acted upon to an open meeting to accordance w•tth Seaton 13-20(b), Hawaii County Charter 6 Emergency Meettnes If the council finds that an tmmtnent pent to the public health. safety. or w•elfaze regwres a meeting m less hme than is provided for m Chapter 92, Hawaii Revised Statutes, the council may hold an emergency meeting or add an emergency item to a posted agenda provided (a) The council states to wTtttng the reasons for its findings, (b) fwo-thirds of all council members agree that the findings are correct and an emergency exists, (c) .4n emergency agenda and the findings are filed with the office of the county clerk. and (d) Persons requesting notification are contacted by mail or telephone as soon as practicable "Emergency" is generally confined to natural disasters where immediate relief is needed for the public 7 Avatlabthty of Agenda to Council Members Except as othet•wtse provided by law. the agenda and pertinent documents for a regular meeting of the council or standing committee shall be made available at least seven (7) calendar days prior to the meeting 8 Attendance Ko council member may be absent from a meeting of the councilor a standing committee unless such council member has been excused by the chair If a council member is sick and/or unable to attend a meettng, pnor written notice shall be green to the chair whenever possible _a_ izaoo RULE NO 3 UORUM 1 A masonry of the entire membership of the council or a committee shall constitute a quorum for meetings, provided that a ma~onty of less than a quorum may ad~oum from hme to hme and may compel the attendance of absent members (Section 3-7, Hawaii County Charted The term "enure membership" means the entire membershtp of mne members, even if there are vacancies (Section 3-7, Hawat`i County Charter) 2 Public heazmgs. workshops. site visitations and meetings not requiring any action mad convene with less than a ma~ont~, provided the requirements of the Hawaii County Charter and the Hawaii Revised Statutes are met .5. 124'00 RULE NO 4 OFFICERS AND THEIR DUTIES The officers of the council shall consist of the chair and vice chair w•ho shall perform the duties prescribed by law and these rules Each shall be elected by a ma~onty vote of the enure membership of the council and serve at its pleasure Any vacancy shall be filled m like manner 1 Prestdtn~ Officer The chair of the counctl shall be the presiding officer of the council and have the right to vote as other members In the absence or disability of the chair, the vice chair shall act as the presidmg officer In the absence or disability of both the chair and vice chair. the counctl shall elect from among its members a temporan• presidmg officer It shall be [he duty of the chair to (a) Open all meetings of the council at the appointed hour by taking the chav and calking the counctl to order (b) Call for the approval of the minutes of the preceding meeting (c) Maintain order and proper decorum and reasonably administer the receipt of oral and w•ntten testtmom- in accordance w•tth these rules The chair shall not engage m debate or discussion of any issue unless first relinquishing the chair to the vice chair (d) Announce the business before the council in the order prescribed by these rules and the results of am• counctl vote (e) Stgn all documents and authenticate all official acts of the council as required (f) Receive all reports. communications, bills. resolutions. and other items from the public. the mayor. various departments of the government, and individual council members. and immediately make the proper referrals of these matters to the council or to the appropriate committee chair(s) All communications shall be numbered and made available to the public, except as otherwise provided by law (Section 13-20(a), Hawaii County Charier) (g) Authorize (approval or deny) requests for items to be waived to the council agenda upon w•rnten approval of the committee chair _ 6 _ 12'400 (h) Provide for the coordination of all meetings, functions, and legtslauve and admintstrattve actrv~ues of the council and see that they are honestly. efficiently and lawfully conducted (Q Make known all rules of order when so requested and decide all questions of order and procedure, subject to appeal by the council Q) Serve as the chief spokesman and representative of the council for matters before the public, the state and the federal governments, and the counh admm~stration, m accordance with the official posrtton of the council (k) Assist the chairs and members of the commntees and subcommittees by assuring the ayailabil~ty• of adequate administrative and staff support (I) Authorize (approve or deny) all travel requests of council members and staff as provided in the Section 13-17, Hawat`~ County Charter, and Article 16. Section 2-94(a) and (b), Hawa~`i County Code (m) Recommend a calendar of events to include council meetings, committee meetings, agenda deadlines. recesses. special meetings. holidays. etc _ 7 _ 12.4.00 RULf• NO ~ COLRdTY CLERK I County Clerk The county clerk shall be appointed by and serve at the pleasure of the counctl under the dtrect supen•tston of the chart 3 It shall be the duty of the county clerk, m addmon to those dunes prescribed by law. mdudm~ Section 3-6(h), Hawat`t County Charier. to (a) Be responstble for the admtntstratton of the office of county clerk (h) Have charge of all the records of the counctl. keep an accurate journal of proceedings, and make accessible to the general public, m a timely manner. all written materials of publtc record and be responstble for same (c) Forward at once to the chair and counctl members all official reports, communications and other matters related to the council's business (d) Sen•e m all matters as clerk of the counctl and perform all clerical and office dunes pertaining to such position as the counctl shall from time to time dtrect, as well as other dunes assigned by law or these rnles (e) Attend all counctl meetings and read bills, resolutions. and other matters to the counctl, as required (f) Maintain order among those members of the publtc present at counctl meetings and. wfien regwred by the presiding officer. remove any person who violates these rules (g) Exercise dtrect supervision over agencies and the staffof the legislative branch of the county (h) Be the authorized representative for the Committee on the Destruction of Records _g. 124.00 RULE NO 6 COMMITTEES I Type There shall be four (4) hpes of committees. namely (a) Standing Committees (b) Subcommittees (c) Ad Hoc Committees (d) Committee of the Whole 2 Establishment The members of the council shall establish all standing committees and designate the committee chair and vice chair of each standing committee by resolution at the moral comenmg of the council The other committees shall be established in accordance with these Hiles 3 Members The chair and all members of the council shall be members of each standing rnmmittee with voting pnvileges Membership m the other committees shall be m accordance with these rules -i Procedures (a) All referrals fotu~arded to the standing committees shall, upon compliance with the mandated six-calendar day posting nonce, be placed on the agenda of the respective standing committees upon the direction of the committee chair (b) Am recommendation or determination by a committee shall be dispensed with by a formal motion and vote (c) A standing committee may expedite its business by means of referring matters to a subcommittee or an ad hoc committee (d) A public heanng may be regwred by an af~irmattve vote of three standing committee members The time and place of a public hearing shall be set by the chair or by a ma~onty vote of the committee and may be held m the area or distnc[ affected - 9 - 12!4.00 Committee Chair (a) The chair of each committee shall preside at all meetings, and prepare and be responsible for agenda and reports for each meeting (b) In the absence of the chair, the vice chair shall perform the dunes of the chair In the absence of both the chair and vice chair of a standing committee. the commtttee shall elect from among ns members a temporarv• chair (c) The chair of each standing committee shall receive all referrals to the commtttee and may place referrals on the agenda, provided that bills, resoluuons or matters required by law for council action shall be placed on the committee agenda within the next two scheduled meettngs At the request of any council member, the appropriate standing committee chair shall place the requested item(s) on the agenda within the next two standing committee meetings (d) Upon a written request and with the written concurrence of the appropriate standing committee chair, the council chair may authorize any item to be waived from the standing committee directly to the council agenda 6 Other In all other matters, committees shall conduct then business to accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes _ io_ izaoo RCLE NO 7 ST.4VDING COMMITTEES I There shall be five standing committees as follows (a) Committee on Finance (b) Committee on Planning (c) Committee on Public Works and Intergovernmental Relations (d) Committee on Pazks and Environmental Management (e) Committee on Human Services and Economic Development The chairs and vice chairs of each commmee shall be determined by resolution The scope and responsibilities of the standing committees shall include, but not be limned to, the following (a) Committee on Finance platters related to auditing, budget, capital improvement projects. improvement districts, lease agreements, appropriations, genera] obligation and revenue bonds, taxes, intergovernmental revenues. licenses, fees, liquor control, animal control, data systems, police and fire protection, personnel transactions, and civil defense (2) Matters related to the establishment of the annual county operating and capital budgets, including the setting of real property tax rates (b) Committee on Plannme (1) Matters related to public lands. general plan, community development plans, subdivision control. zoning, land use, infrastructure requirements, coastal zone management, forestn•. historic sites and trails. cultural resources, water and water development. street names and public access (c) Committee on Public R%orks and Intergovernmental Relations (1) Matters related to management of public facilities, building, fire, plumbing and related codes, dedication deeds, street and other public improvement dedications, easements, cemeteries, highways. flood and - I I - 12•d~00 drainage, public uulrties, traffic control, sign regulations. and beauuficatton (2) Matters related to public transportauon,'mass trans[[ (3) Matters related to state and,~or federal legislation, Hawaii State Association of Counties. National Association of Counties. state/counn• overlapping functions, and federal, state and county agency relations (d) Committee on Pazks and Environmental Manar?ement Matters related to parks and recreation and youth and elderly ac[ivrties (Z) Matters related to the protection, preservation, and enhancement of the environment, management of solid and hazazdous waste, wastewater, and recycling programs (e) Committee on Human Sen•ices and Economic Development (1) Matters related to energy and related industries. research and economic development programs, market development, tourism, education, scientific research, food processing. health care. astronomy and space projects, diversified agriculture, aquaculture, foreign trade zones, enterprise zones, telecommunications, and industrial activmes (2) Matters related to human services and social sen•ice agencies and non-profit programs _ ~ z _ 12 •~'oo RULE NO 8 SUBCOh9MITTEES 1 Estabitshment A standing commtttee may, by adopting a motion of a ma~onty of its members. initiate and establish a subcommtttee 2 Pumose The chair of [he mmatmg committee shall spectfi the purpose of the subcommtttee and shall set a schedule for the completton of its work 3 Chair The chair of the mthaUng commtttee shall remain as chair of the subcommtttee. unless otherwise specified by a ma~orny of the members of the standing commtttee -l Members The members of an} subcommtttee shall be selected from members of the uuuaUng committee and shall consist of not less than three (3) members who shall be selected by a malonty rote of the members of the mmatmg commtttee ~ MeeUnes Meetings of a subcommittee shall be conducted m accordance w•tth law and these rules 6 Reports L'pon the request of the initiating commtttee chair or at the completton of its work. the subcommtttee shall report its findings to the mmaUng standing commtttee 7 Other In all other matters, each subcommtttee shall conduct its business to accordance with these rules. the Hawat`t Counh. Charter, and the Hawart Revised Statutes _ t3 _ to a•oo RULE NO 9 AD HOC COMMITTEES 1 Establishment The chair of a standing commtttee may mittate and estabhsh an ad hoc committee as needed 2 Purpose The chair of the mmating commtttee shall specify the purpose of an ad hoc committee and set a schedule for the completion of its work 3 Chair The chair and vice chair, if any, of an ad hoc commtttee shall be appointed by the chair of the initiating committee 4 Members The members of an ad hoc commtttee shall be selected from members of the imttaung commtttee and shall consist of not less than three (3) members who shall be selected by the chair of the mmating commtttee ~ Meetmes Meettngs of an ad hoc committee shall be conducted m accordance with law and these rules 6 Reports L'pon the request of the imhattng committee chair or at the completion of its work, the ad hoc commtttee shall report its findings to the mmatmg standing committee 7 Other In all other matters an ad hoc committee shall conduct its business in accordance with these rules. the Hawat`t Couni<• Charter, and the Hawaii Revised Statutes _ is _ t2 ~-oo RULE NO 10 COMMITTEE OF THE WHOLE 1 Establishment Upon a ma~onty vote of rts members, the council may resolve itself mto a committee of the whole on any bill, resolution or matter for dtscuss~on Chair The chair of the council shall be the chair of the committee of the whole, unless otherwise specified by a ma~onty vote of the members of the council 3 Records The county clerk shall be the clerk of the comnuttee of the whole and shall make a complete record of its proceedings which shall be kept as one of the public records of the council 4 Other [n all other matters. this committee shall conduct its business in accordance with these rules, the Hawari County Charter, and the Haw•ai'i Revised Statutes . 19 . 12.4 00 RULE NO 11 COMMITTEE REPORTS 1 Standing committees shall report as necessan• or required on matters referred to [hem 2 Whenever any matter is referred to a committee, n shall be the duty of such commntee to make diligent mgwry into all of the facts and circumstances that may be connected to such matter The corporation counsel. department heads, and other county employees may be consulted, witnesses may be summoned and examined, documents and records requested and researched, and, as may be permitted by law•, everything done to bring all facts pertaining to such matters before the committee 3 The report of a committee on any matter, upon a motion duly adopted, shall be signed by its chair and shall state the findings of fact and conclusions based thereon, together with a dear recommendation as to the disposal of such matter The report also shall indicate the vote of the committee 4 The report of a committee on a bill or resolution shall state clearly the amendments. if any are proposed, however, no bill or resolution may be amended so as to change its original purpose In the event a committee fails to have total agreement, the committee chair shall transmit a ma~onty report to the council and the same shall be the report of the commntee The committee minority may file a separate committee report In the event that committee members are evenly drnded on any question. the subject matter shall be forwarded to the council with no recommendation 6 Unless waived directly [o the council. all bills, resolutions and matters requiring council action shall he forwarded to the council with a committee report -16- 12400 RULE NO 1 ~ VOTING 1 There shall be five (5) methods of voting (a) By voice (b) By raising of hands (c) By nsmg (d) By unanimous consent (e) By roll call 2 Except on procedural motions, all voting shall be by roll call vote 3 On procedural motions, the chair, after stating the question, shall call for an "aye" or 'no'"voice vote and thereupon announce the result Voting on every bill. resolution or nonprocedural motion shall be by roll called by the county clerk When called, each member shall answer m a clear voice "aye" if voting m the aftiimative. or "no" if voting m the negative The county clerk shall record each vote m the minutes and report to the chair. who shall announce the result of the vote to the council ~ If any member shall doubt the result as announced. the chair shall state the question and call for a vote by raising of hands The count} clerk shall count the raised hands and the chair shall announce the result Upon the request of any member of the council on any motion. the clerk shall use a roll call vote 6 Any council member who has reservations. pro or con, on any motion ma} vote in a clear voice "kanalua " After all the members have voted. the committee chair or clerk, as the case may be, will again ask any members who voted "kanalua" to give a voice vote If the voting member again votes "kanalua." the vote shall be recorded as an "aye" vote 7 No member shall refrain from voting unless excused by the presiding officer or is, otherwise, excused as provided herein Unless a member is excused from voting. silence shall be recorded as an aftirmative vote 8 Whenever the ayes and noes are called. a council member shall not be permitted to explain a vote After the announcement of the result, a council member shall not he permitted to change a vote - 17 - 12.4.00 9 In the event of a tie vote, the following procedures will be promulgated (a) In the case of a tie vote on any matter considered by a committee, the committee shall refer the matter to the council with no recommendation (b) In the case of a tie on any matter considered by the council, the matter shall be placed on the agenda at the next counctl meeting However. should the council be unable to derive any ma~onty• vote on any matter due to abstentions or members being excused from young, the motion shall be determined to have been denied In determining the motion as having been denied, the matter need not be filed by a motton adopted by the ma~onty of the council 10 Official Action iro official action shall be taken except at a meeting open to the public in accordance with Sechon 13-20(b), Hawaii County Charter Business conducted by the council dunng a meeting, which does not conform to the provisions of Section l ~-20, shall be null and void m accordance with Sechon 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 ma~onty of the members of the council, when sitting as a body or an entity, upon any matter before the council (Section 3-20, Hawaii County Charter) 11 Unless otherwise provided, the vote of a majority of the enure membership of the councilor committees shall be necessary to take any action L' An affirmative vote of at least two-thirds of the entire membership of the council shall be required to (a) Authorize the issuance of general obligation bonds, (b) Override the mayor's veto (Sechon 3-12, Hawaii County Charter), (c) Authorize the employment of special counsel (Sechon 5-2 5, Hawaii County Charter). (d) Make an emergency appropnauon by ordinance (Sections 3-1 1 and 10-5, Hawaii County Charter), (e) Amend the capital budget (Section ]0-6(d), Hawai`i County Charter), (f) Cut off debate by a motion to the previous question, (g~ Revise or suspend these rules, . i g _ 12.4 %00 (h) Initiate amendments or revisions to the Hawari County Charter. or (i) Authonze executive sesswns (Section 92-4, Hawaii Revised Stanites) 13 Upon cone-third vote of the entve membership. the council shall be regwred to (a) Hold full readings and publu heanngs on ordinances or resolutions (Section 3-9, 3-10(a), Haw•ai'i County Charter), or (b) Lay over an amended bill for at least one week before final reading (Section 3-]0(d). Hawari County Charter) 14 Bills and resolutions covering similar subject matters and requiring three readings for approval may be considered and voted upon as a group on first reading with the unanimous consent of the entire membership _ ,9 _ iz•v-oo RULE NO 13 DISCLOSURE OF INTEREST 1 Any member who has a substantial financial and/or personal interest, direct or indirect. in any action proposed or pending before the council or a committee, shall make full disclosure m wTitmg to the chair of such interest pnor to the taking of any vote thereon as provided by Section 14-3(a), Hawari County Charter 2 Any member who has a substantial financial and; or personal interest directly affected in an}• 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 m magnitude to inFluence one's official action (b) "Financial interest' means an interest held by a council member, his or her spouse, or dependent children which is (I) an ownership interest m a business. (2) a creditor interest m an insolvent business, (3) an employment, or prospective employment, for which negotiations have begun, (4) an ownership interest m real or personal propem. (5) a loan or other debtor interest, or (6) a directorship or otficership m a business 3 Such written disclosure of financial or personal interest in any proposal pending before the council and its committees, shall be recorded in the minutes of the meetings of the council and its committees and shall be made a matter of public record pnor to the taking of any vote on such proposal as provided m Section 14-3(b), Hawai'i County Charter Such wntten disclosure shall be applicable to all subsequent actions relating to the same subject matter -zo- iza•oo 4 Pnor to any vote m the council or a commtttee on a proposal for which the council member has made a w-ntten 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 _ ~ I _ 12.4'00 RULE NO 14 PETITIONS 1 Any person may pettuon the council Petitions shall be to writing, signed by the pettuoners 2 All petitions and other papers addressed to the counctl shall be presented by the chair or by a counctl member, and shall be endorsed by the person presenting rt The petnton or other papers shall be made part of the official records kept by the clerk, provided that all documents so received shall be referred to committee, as appropriate 3 A brief statement of the contents of any pettuon or other papers shall be made verbally by the one presenting the same 4 Peuttons relating to Inrttattve and Referendum shall follow procedures pursuant to Article XL Hawat't County Charter tiaoo RULF NO 15 PUBLIC STATEMENTS AND TESTIMONY 1 Wntten testimony Wntten testimonies shall be recet~•ed for the record on ain agenda item If possible, fifreen (15) written copies of the testimom~ should be prepared for presentation to the council or committee 24 hours pnor to convening of the meeting 3 Oral Testtmon~• Oral statements from any member of the public shall abide by the following (a) Pursuant to Chapter 9?, Haw•at`t Revised Statutes. any person wishing to present oral testimony on any agenda item may do so consistent w•tth this rule (b) Persons wishing to present oral testimony relating to items listed on the Order of Business shall register with the clerk pnor to the convening of the meeting, giving their name. address, the organization they represent. if any, and the item on which they wish to speak and their postnon thereon. if any Each person may speak for three minutes subject to the discretion of the presiding officer (c) Each person must speak at the time of calling, unless the presiding officer determines otherwise (d) No person will be allowed to speak twice on the same subject (e) Airy person wishing to speak on more than one subject shall register separately for each agenda item (f) Those speaking shall direct [heir remarks to the presiding officer and nut to any individual counctl member or person m the audience (g) All members of the public shall extend proper courtesy and respect to one another and to all counctl members, and all persons shall be addressed by their surnames No profanity or abusive remarks will be allowed at any time m am meeting (h) Any person, not a member of council, who shall be disrespectful to the council or am' committee b}' any disorderly or contemptuous behavior m its presence or who disrupts the exercise of any legislator's function, may he removed from the meeting at the discretion of the pres~dmg officer Any person may speak for three minutes on matters not on the agenda at the end of the council or committee business, subject to the discretion of the pres~dmg officer and these rules Any person who does not abide by these rules may be ruled ou[ of order by the presiding ofticer 3 Nothing m this rule shall d~mmish the responsibility or the authonty of the presiding ofticer to matntam order and decorum _ ~q _ i z a'oo RULE NO 16 MOTIONS 1 No motion may be received and considered by the council or a committee until the same has been seconded 2 Unless otherwise provided, motions and amendments may be verbal, but shall be reduced to writing. if requested by the presiding officer, and shall be read, if so requested by a council member 3 After a motion is stated or read. it is deemed to be m the possession of the council or committee. and tt shall be disposed of by vote of that body However, any motion may be withdraw•ri by the movant with consent of the cortespondmg second at any time before a decision or amendment 4 R%henever any question is under discussion, the precedence of motions thereto shall be to (a) Lay on the table (b) The previous question (c) Postpone to a certain time (d) Commit (or refer) (e) Amend (f) Postpone indefinitely (g) Close file on subject matter The first two motions shall be decided without debate (a) Previous Question The object of a motion for the previous question is to cut off debate However. when this motion is tamed by two-thirds (2/3) ma~onn, 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 tight to close _~s_ 12400 (b) 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 ma~onty of the council 5 When a motion in one of the above-mentioned categories or another incidental motion fails or is decided m 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 m the negative. the only remaining question shall be as to the passage or adoption of the bill, resolution. or other main question 6 Adtournment Meetings may be ad~oumed at any time by motion and vote Unless otherwise specified m the motion, every meeting shall be considered ad~oumed to the usual hour of meeting on the next regular meeting date A motion to adjourn is always m order and shall be decided without debate One motion to ad~oum shall not follow another without mten•enmg business _ 26 _ 12 q00 RULE NO 17 RECONSIDERATION 1 When a mouon has been made and carried m the affirmative or negative, any council member toting with the ma~onty may move for a reconsideration of the vote on the motion at the same meeting or at the next regular meeting 2 A mouon to reconsider the vote taken at the time any bill or resolution fails to pass final reading shall not be voted upon until twenty-four (24) hours have elapsed. in which case the bill or resolution shall be placed on the agenda for the next regular meeting, and the vote on the motion to reconsider and the vote on the reconsideration shall be taken at that meeting i A request for a motion to reconsider a measure may be made m wrung and shall he placed under "other business" on the agenda of the next regulaz meeting 4 When a motion for reconsideration is first made and tamed at the next regular meeting. the bill or resolution shall be placed on the agenda for the next regular meeting under "Other Business " ~ Until the motion to reconsider has been decided. the bill or resolution shall remain m the possession of the council, and the clerk shall not transmit, file, or o[hei•w•ise dispose of it, unless tt is deemed filed pursuant to ordinance or the time for its passage has expired by operation of law If the mouon to reconsider fails. the vote previously taken on the bill or resolution shall become final, and the clerk shall so note in the journal 6 A mouon for reconsideration and any subsequent action thereon shall only be considered m accordance with these rules and any public nonce requirements 7 Am• measure once considered shall only be reconsidered once _ z~ _ iz•.t•oo RULE NO 18 ORDER OF BUSINESS Subject to the dtscrenon of the chair and pnor to the Call to Order. an invocation ma} be delivered m accordance with Rule 29 1 The following shall be the Order of Business for the Council I Call to Order 2 Roll Call 3 Pledge of Allegiance 4 Approval of Minutes 5 Petitions, Memonals. Commumcattons, Certificates of Ment and Expressions of Condolence 6 Statements from the Public on Items Listed on the Order of Business 7 Order of Resolutions 8 Bills for Ordinances (First Reading) 9 Order of the Dav (Second or Final Readtng) 10 Reports 1 l Referrals for Executive Session 12 Other Business 13 Statements from the Public 14 Announcements 1 ~ Adjournment _ 2g _ 12.4.00 RULE NO 19 AMENDMENTS AND REVISIONS I Amendments These rules may be amended at a regular council meeting by a resolution approved by an affirmative majority vote of the enure membership of the council. provided that at least six (6) days advance carmen notice of such amendment(s) and meeting tie first eiven to each member 2 Revts~ons Whenever changes of the rules aze so extensive and general that they are scattered throughout the rules such that an entirely new set of rules called a revision ~s necessan•, then such rev~s~on shall require the adoption of a resolution by atwo-thirds affirmative vote of the enure membership of the council The notice regwrements shall be the same as those for amendments - 29 - I? x'00 RULE: NO ~0 SUSPENSION OF RULES 1 When the council or committee proposes to do something that it cannot do without violating one or more of these rules, it can adopt a motion to Suspend The Rules interfering wnh [he proposed action, provided, however, that neither the proposal nor the suspension shall result in a conflict wnh 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 subsidian,• motion can be applied to it (b) Out of order when another has the floor (c) Vot debatable or amendable 3 Such a motion requires atwo-thirds vote o1 the entire membership, unless otherwise provided, and cannot be reconsidered . 30 _ 124.00 RULE'.d0 21 ORDER AND DECORUM I All heazings and meetings will begin promptly' at the scheduled announced time 2 A council member must be recognized by the presiding officer before speaking The member shall address the presiding officer when recognized and shall confine discussion to the question under debate and avoid personahues 3 Any council member who arrives late at a hearing or meeting shall refrain from taking the council's or committee's ume with questions and inquiries on matters already discussed ~3 If any council member behaves m a disorderly or contemptuous manner during any session of the councilor committee, the presiding officer shall order such member to cease and shall presen•e the peace [f the council member persists, the presiding officer shall order the county clerl. or a designated person to remove the council member from the meeting, and that council member shal i not be permitted to be seated dunng the remainder of the session, except upon approval of the presiding officer or by ma~onty vote of the council All council members shall extend proper courtesy and respect to one another and to all persons speaking before the council, and all persons shall be addressed by their surnames No profanity or abusive remarks shall be allowed at any time in any meeung 6 Any council member, upon recognition by the presiding officer, may address another council member or person testifying before the council or committee 7 Any council or committee member wishing to be excused for any length of ume dunng the meeung must have permission of the presiding officer to do so (Alternative, move for recess S Vothmg m this rule shall diminish the responsibility or authont} of the presiding officer to maintain order and decorum 9 No council member may speak longer than five minutes, nor may any member speak more than twice on [he same question without leave of the presiding officer, subject to an appeal to the council. unless the council member is the maker of the motion or sponsor of the matter pending. m which case the council member may speak m reply, but on{y after even other council member choosing to speak has spoken _;i _ iz•a o0 10 In the case of the commtttee of the whole, a subcommittee, or an ad hoc commtttee. a counctl member may speak more than rivtce on a matter before that body, bu[ only afrer even council member choosing to speak has spoken _ _ 12'4.00 RULE NO 22 LEGISLATIVE AUDITOR I The legtslanve auditor shall be appointed by the county clerk with the approval of the council and such posttton shall be exempt from evil sen•tce laws and classifications 2 The legtslativ•e auditor shall, at the dtscreuon of the counctl (a) Assist committee chaos to the preparation and management of matters brought before the respective committees (b) Conduct a post audit of all transacnons and of all books and accounts kept by or for all departments, offices, and agencies of the county (c) Provide comprehensive research and reference services to the counctl (d) Perform other support dunes as may be assigned by the council 3 Personnel assigned to the legislanve auditor shall report to the legtslativ•e auditor and shall comply with internal gwdelmes established by the legtslanve auditor 4 The legtslanve auditor shall be responsible for all projects assigned by the counctl and shall he held accountable to the counctl izaoo RULE NO 23 APPOINTMENTS I Qualifications No council member shall appoint any person to any office or position which is exempt from the civil sernce laws until satisfied by proper investigation that the person to be appointed is fully qualified by experience and ability to perform the dupes of that office or positwn {Secuon 13-3, Hawaii County Charter) 2 Prohibmons (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 m connection with their test, appointment, proposed appointment. promotion or proposed promotion (Secuon 13-10, Hawaii County Charter) (b) No councilor stat~'member who has the power ofappomtment 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 am office or position under their supervision The word "relative" shall mean an individual w•ho is related to the councilor staff member as father, mother, son. daughter, brother, sister, uncle, aunt, first cousin. nephew, niece, husband, wife, father-in-law, mother-m-law, step- father, step-mother. step-son, step-brother, step-daughter, step-sister. halt= brother or half-sister (Secuon 13-10, Hawaii Couni)• Charier) (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 14-216). Hawaii County Charter) (d) No person m a supervisory capacity shall engage m personal or business relationships with subordinates which might intimidate said subordinate. in the discharge of their official dunes (Secuon 14-4(b), Hawai'i County Charter) _ 34 _ 12•~ 00 RULE 1\O 24 NEWS MEDIA 1 Members of the news media covering the business of the council or its committees may be assigned to selected areas by the presiding officer 2 Except as provided by law, members of the news media shall be permitted to televise and sound-record the proceedings of [he council and its committees under such rules and•'or conditions as the presiding officer may prescribe _ 35 _ 12 4'OU RULE NO 25 MANDATORY PROGRAM REVIEW 1 In order to comply with Seaton 3-16, Hawat't County Charter. relating to Mandatory Program Revtew (a) The counctl shall conduct a cnucal revtew of every program of all departments or agenctes supported wholly or partially by county funds during the counctl~s annual operating and capital budget and program approval process (b) The counctl, through its committee on finance, shall revtew the operating and capital budget and program mformaUon submitted by the mayor pursuant to Artule X. Hawat't Counrv~ Charter In addmon to information set forth m Sections ] 0-3 and 10-b, Hawat't County Charter, the committee may request the departments or agenctes for other information that would assist m its revtew of the programs Such information may include, but shall not be hmrted to, the statutory authonn for the program, program goals and ob~echves. outcome results and a department or agency assessment of the program's performance (c) The committee shall report its revtew and findings to the counctl for consideration and funding (d) The counctl may approve a program's continued funding at existing or modified levels, or the counctl may terminate a program and its funding (e) If watranted, the counctl may conduct further research into a program m accordance with these rules 2 Further research into a program or issue may be conducted by (a) .4 standing cornmrttee (b) The office of the legislative auditor pursuant to adoptton of a counctl resolution (c) An independent contractor pursuant to adoptton of a counctl resolution _ 36 _ 124'00 RULE NO 26 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE 1 Certificates of meat, memorials, and expresstons of condolence are non-fegtslative to nature and require no formal council action Memorials and expresstons of condolence are Intended to convey the couirty's condolences on the death of am exceptional public personality m or out of goventment who has contributed m some way to Hawaii County or the State of Hawaii 3 The sponsoring council members shall be responsible for the securing of firm commitments to sign the cemficates from other council members 4ny conflicts regazdmg sponsorship or duplicated requests shall be referred to the council chair 4 The sponsoring council member shall inform the county clerk as to the necessary particulars .4 certificate of meat shall include the name of the honoree and a brief description of the act or achievement to be cited Certitcates shall be issued to the honoree only True copies of any certificate shall not be issued to spouses. officers, sponsors or the like. who aze not directly involved unless in the case of an expression of condolence 6 All certificates which do not have a mayor impact or which do no[ affect a significant number of people. and are received less than six (6) days before the regular meeting date of the council. may be considered at such meeting upon a ma~onty vote by the council _3?_ 12400 RULIr NO 27 BILLS AND RESOLGTIONS 1 General Procedures (a) A bill or resolution may be mtroduced by any council member(s) The original copy of any bell or resolution shall be m typewritten form, dated and signed by the mtroducer(s) prior to consideration (b) In order to be considered for placement on the councll or committee agenda. all bills, resolutions. petitions, and other communications shall be filed with the clerk by 12 00 P M ,Noon, on the moth calendar day precedmg the day of the council meeting or by 4 30 P M on the eleventh calendaz day precedmg the day of the committee meenng Any bills, resolutions, peUUOns, and communications received later than said time shall be placed on the agenda of the next regular meeting (c) Upon compliance with the mandated six (6) calendar day posting notice, bills, resolutions and matters requiring council action shall be placed on the council agenda within the next two council meetings Bills, resolutions and matters requiring council action shall be mtroduced on the council floor by the committee chav or the member introducing the legislation (d) Readings of bills or resolutions may be by title only, except that a full reading may be regwred by one-third vote of the entire membership (Sections 3-9 and 3-10(a). Hawaii County Charter) (e) Except b} a ma~onty vote of the members present, no floor amendment to a bill or resolution shall be considered unless a copy of the amended version has been presented to the clerk for preparation and distribution to each council member present (f) A bill or resolution up for final reading which has been the subject of a substantive floor amendment at that meeting. shall not be acted upon until the next regular meenng _ 3 g _ 124.00 2 Bills (Section 3-lU, Hawai'i County Charter) (a) Ordinances shall be mmated as bills which shall be passed only after two readings on separate days except as otherw•tse provided by law Reading of bills may be by title onl}• (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 sublect shall be void. (c) Bills embracing (I) The fixing of special assessments for the cost of improvements, (2) The appropriation of public funds or authonzation of the issuance of general obligation bonds or (3) The imposmon 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 m at least two daily newspapers of general circulation m the county. with ayes and noes, at least three days before final reading by the council i\ot less than three copies of such bells shall be filed for use and examination by the pubhc m the office of the county clerk at leas[ three days poor to the final reading thereof (d) A bill shall not be amended to change its original purpose An amended bill shall, upon aone-third vote of the entire membership. be laid over for at least one week before final reading (e) .4 motion to reconsider made at the time of 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 thereto (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 coptes thereof shall be filed for use and examination by the pubhc m the office of the county clerk. and notice of the avatlabihty of said copies shall be published by the clerk -39- 12300 (h) After enactment, ordinances shall be published once to at least two daily newspapers of general circulation m the county Such publication shall be by title only and shall specify the ayes and noes 3 Emergency Ordinances (Secuon 3-11, Hawat'i County Charted The county council may adopt emergency ordmances to meet public emergencies affecting life, health or property Such ordmances may not be used to levl• taxes, authorize the borrowing of money or to grant, renew or extend franchises Emergency appropriations may be made pursuant to Secuon 10-8, Hawaii Counh Charter Emergency ordmances shall be plainly designated as such and shall contain a declaration describing the emergency m clear and Specific terms Any emergency ordinance may be considered and adopted after one reading. with or without amendment, or be retected at the meeting at which the same is introduced The affirmative vote of all council members present or by hyo- thirds of the enure membership shall be necessan for adopuon of such ordinances Emergency ordinances shall be publtshed to the same manner prescribed for other adopted ordmances and shall become effective upon approval by the mayor or at such later time, precedme automatic repeal. as the same may specify Amendments to any emergency ordinance shall be adopted to the same manner prescribed for adopuon of emergency ordmances Every emergency ordinance, including any amendments made after adopuon, shall automatically stand repealed as of the sixty-first day following the date of adopuon of the original ordinance 4 Submission of Bills to the Mayor (Secuon 3-12, Hawat`t Count~Charter) Every bill adopted by the council shall be duly authenticated by the clerk and the presiding officers 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 m writing to the clerk within ten days (e4cludmg Saturdays, Sundays, and legal holidays) after receipt If the mayor does not act within such ten-day period. the bill shall become effecuve as an ordinance as if the mayor had approved rt The ob~ecuons of the mayor shall be entered in the~ournal 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 oftwo-thirds of the enure -ao- tz•a o0 membership, the presiding officer shall venfy that fact on the face of [he bill and such bill shall become etTectrve 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 sinking out or reducing the same The mayor shall append any objections and the reasons therefor 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 oftwo-thirds of the entire membership 5 Resolutions Resolutions are non-legislative acts of the council and, except as otherwise provided by law. no resolution shall have the force and effect of law There shall be two basic types of resolutions which may be processed (a) Formal Resolutions This type of resolution represents an official council expression and, therefore, generally has considerable weight There are three categones 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 moratonums on parking meter usage, traffic control. etc , (D) Resolution tendenng assurance of participation for certification regwrements mandated by federal or state agencies, e g ,HUD, block grants, (E) Resolution approving multi-year leases, purchases, contracts, e[c . (F) Resolution amending the salary ordinance, (G) Resolution approving the naming of streets, and (H) Resolution transferring funds (2) Legislative-like (A) Resolution establishing real property tax rates. (B) Resolution authonzing eminent domain proceedings, (C) Resolution revising county fuel tax rates, _ q I _ 12!400 (D) Resolution relating to [he abandortment or dtsposmon of county lands, (E) Resolunon on mmauve and referendum proceedings. and (F) Resolution calling for the mcluston of charter amendment proposals at the next general election (3) Official request or optnton (.4) Resolution requesting infomtation or a study to be conducted, (B) Resolunon calling for state or federal action, and (C) Resolution to a department head requesting mfotmation or revtew• of a specific issue or nem (b) Informal Resolutions Generally address subjects having less impact than formal resoluttons and are categonzed as follows (1) Automatic (A) Resolution honoring retiring county elected officials. and (B) Condolence resolutton on the death of any incumbent county- elected official (2) Optional A council member may introduce the following kinds of optional resoluttons (A) Condolence resolutton on the death of former elected or top level appointed office holders m 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 to or out of government who has contributed stgmficantly m some way to Haw•at`t County or the State of Hawat't _ qZ _ 12'4'00 RULE NO 28 PARLIAMENTARY AUTHORITY Vv hen these rules are silent, the rules of parliamentary procedure contained m the current edition of Robert's Rules of Order Newly Revised shall govern the council and its committees m all cases to which they are applicable and m whuh they are not inconsistent with any constitutional provision, any law, the Hawaii County Charter or these rules -a3- izaoo RULE NO 29 INVOCATION 1 For the purposes of this rule, the following definitions apply (a) "Church" shall mean body, group or organization of religious believers (b) "Invocation" shall mean a prayer or entreaty to a higher authority (c) "Minister" shall mean one who officiates over or leads a church worship service (d) "Non-denominational" shall mean without regard to the tenets of a particular church 2 Subject to the discretion of the chair, an invocation may be delivered by a minister of a church pnor to the call to order for any council meeting The chair shall approve the selection of the minister 3 The county clerl.'s office shall maintain a list of ministers of all faiths who hate been asked to, or who have expressed an interest m. dehvenng the invocation The participants on the list will be called rotationally so that no one individual is asked to say the im~ocatwn more than a few limes per year If a participant on the list is asked, and declines more than three different council meeting dates, he or she will be passed over for the remainder of that calendar year A minister who is on the list as of the adoption date of this rule will be maintained on the list until the minister asks to have his/her name removed A minister who would like to become part of the list maintained by the county clerk's office subsequent to the adoption of this rule will be asked to submit, on church letterhead. the minister's name, church address, home address, church phone number and home phone number to the clerk 4 Thts program of im•ocahon shall be non-denominational _aa_ iza%oo RULE NO 30 SEVERABILITY If anv rule contained herein is to conflict with the prov~s~ons of the U S Constitution, State Constttunon, Hawat'i Revised Statutes, Hawat`t County Charter, or the Hawat`i County Code, such rule shall he deemed invalid Such ~m~aLdrty shall not affect other rules contained herein which. otherwise, can be given effect without the invaltd rule, and to this end these rules are severable _a;_ izaoo