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HomeMy WebLinkAboutRES 002 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 'Z ADOPTING NEVb' RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII BE IT RESOLVED BY THE COUNCIL OF THE COLR~ITY OF HAWAI`1 that [he attached Rules of Procedure of the Council of the Counq of Hawai'I Is hereby adopted to go~em the affairs of the Councll Dated at Hllo, Ha~',~ari. this 4'h daY of December 2000 INT ODUCED BY CO CIL MEI\1'~ER. COCNTY OF HA~VAI'I COLR~ITY COLRJCIL ROLL CALL VOTE County of Ha~~ai'i AvLS VOFS ABti F\ Hilo. H3Wal'i ARAK~IK1 C Hl'\G I htreh~ ~end~ Ihat tht lorteomg REtiOLl~710V «ati M LLARIO\UFF I ht u~le mJi~aitd to the neht hereof adopted h} the COL'VC IL of Iht ~ C aeon of H,n.ai ion JAC URtiOV LEIIHLAU-IUUD PISICC HIO ATTEST i SAFARIk 1 Y'LLR i i ~ Reference C-1 2 QO COUNTY CLERk CHAIRMAN & PRESIDING OFFICER RESOLL~TION NO RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY HAWAII TABLE OF CONTENTS Page RULE VO I INITIAL CONVENING OF THE COUNCIL ? RULE NO 2 MEETINGS 3 RULE NO 3 QUORUM 5 RULE NO 4 OFFICERS AND THEIR DUTIES 6 RILE NO 5 COUNTY CLERK 8 ROLE VO 6 COMMITTEES 9 Rl'LE VO 7 STANDING COMMITTEES I I RLLE VO 8 SUBCOMMITTEES 13 RILE VO 9 AD HOC COMMITTEES 14 RULE NO 10 COMA1ITTEE OF THE WHOLE IS RILE NO I I COMMITTEE REPORTS 16 Rl'LE VO 12 VOTING 17 RULE VO 13 DISCLOSURE OF INTEREST 20 RULE VO 14 PETITIONS 22 RULE NO 15 PUBLIC STATEMENTS AND TESTIMONY 23 RULE NO 16 MOTIONS RULE NO 17 RECOVSIDER,4TION 27 RILE NO 18 ORDER OF BI;SINESS 28 RL:LE VO 19 AMENDMENTS AND REVISIONS 29 RULE NO 20 SUSPENSION OF RILES 30 RULE NO 21 ORDER AV D DECORUM 31 RILE VO 22 LEGISLATIVE AUDITOR RULE VO 2~ APPOINTMENTS RULE NO '_4 NEWS MEDIA =5 RULE N'O 25 MANDATORY PROGRAM REVIEW .6 RULE VO 26 CERTIFICATE OF MERIT, MEMORIALS. AND EXPRESSIONS OF CONDOLENCE 3? RULE NO 27 BILLS AND RESOLITIONS 38 RILE NO 28 PARLIAMENTARY 4UTHORITY 4i Rl'LE VO 291KVOCATION 43 RULE NO +0 SEVERABILITY _ I _ 12.4'00 RULE NO 1 INITIAL CONVENING OF THE COLT~CIL 1 When the time specified by law arrives 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 temporary• clerk as provided in 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 ma~orih of the credentials are in 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 [mmediateh after being elected, the chair shall assume the posmon 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 County Charter The council shall then adopt the council rules of procedure and appoint the chairs and vice chairs of the standing committees by resolution 5 The rules of procedure shall become effective upon adoption and shall remain in effect until amended or revised as provided herein _ ~ _ 12'4'00 RILE NO 2 MEETINGS 1 Re>;ular Meetinis Except as otherwise provided. the council shall meet regularly at least t~+ice m every month beginning at 9 00 A M to the council meeting room at the Count} building. Hilo. Hawaii, on the first and thud Wednesday of each month. or at other places and'or times designated by the council, provided. however, that the council shall meet at least quarterly m the judicial distracts of North Kona or South Kona, at locations and Mmes designated by the counctl 3 Special Meetings Except as otherwise provtded by law, special meetings may be called by the presiding officer of the council or a ma~onty of the council, provtded that the date, time and place of such meetings are announced prior to adjournment of a regular meeting, othentiise, onh upon the publication of a notice of such meeting m at least two daily newspapers of general circulation m this county at least hven[y-four (23) hours m advance of such meeting If this publication of notice cannot be met because of insuttictent time. the meeting 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 Meetinrs Except as othenvtse provided, those standing committees having 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 designated by the council d Scheduhna The council chair shall be authorized to schedule or reschedule the time. date and'or subject matter of its regular, special. or committee meetings and to publish pubLc notice upon the giving at least six (6) days nonce to the public and council members The chair shall promptly notih• all council members and the count} clerk by written memorandum as to the schedulme or rescheduling of any such meetings > Executive Sessions The council may hold a meeting closed to the public for one or more of the purposes set forth m Section 92-~. Hawaii Revised Statutes, or where personal matters affecting the privacy of an individual are to be considered and the individual involved requests a _3_ 12400 closed meeting to consider such matter, however. any official action resulting therefrom shall be acted upon m an open meeting m accordance with Section 13-20(b), Hawatl County Charter 6 Emergency MeetinRS If the council finds that an tmmment peal to the public health, safety. or welfare requires a meeting m less time than is provided for m Chapter 92. Hawart Revised Statutes, the council may hold an emergency meeting or add an emergency item to a posted agenda provided (a) The council states m witting the reasons for its findings, (b) Two-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 marl or telephone as soon as practicable "Emergency" is generally confined to natural disasters where immediate relief is needed for the public 7 4vatlabiltty of Agenda to Council Members Except as otherwise 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 pnor to the meeting 8 Attendance Vo council member may be absent from a meeting of the council or 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 meeting. prior wntten nonce shall be given to the chair whenever possible izaoo RULE Tv0 3 OUORUM I A ma~onty of the entire membership of the council or a committee shall constitute a quorum for meetings, provided that a ma~on[? of less than a quorum may adjourn from ume to ume and may compel the attendance of absent members (Section 3-7. Hawa~'i County Charter) The term "enure membership" means the enure membership of nme members, even if there are vacancies (Section 3-7. Hawaii County Charter) 2 Public hearings. worlshops, site wsrtations and meetings not regwnng any action may convene with less than a ma~onty, provided the regwrements of the Hawai`~ County Charter and the Hawari Revised Statutes are met _s_ ~z•aoo RULE NO d OFFICERS AND THEIR DUTIES The oft3cers of the council shall consist of the chair and vice chair who shall perform the dunes prescnbed by law and these rules Each shall be elected b} a majority vote of the enure membership of the council and serve at its pleasure Any vacancy shall be filled m like manner I Presidm~ Officer The chair of the council shall be the presidine officer of the council and have the nght to vote as other members In the absence or disability of the chair, the vice chair shall act as the prestdmg officer In the absence or disability of both the chair and vice chav. the counctl shall elect from among its members a temporan• prestdmg officer It shall he the duty of the chair to (a) Open all meetings of the council at the appointed hour by taking the chair and calling the counctl to order (h) Call for the approval of the minutes of the preceding meeting (c) Maintain order and proper decorum and reasonably administer the receipt of oral and written testimony in accordance with these rules The chair shall not engage m debate or discussion of am issue unless first rehngwshmg the chair to the vice chav (d) Announce the business before the council m the order prescnbed by these rules and the results of any council vote (e) Sign all documents and authenticate all official acts of the council as required (f) Receive all reports, communications, bills. resolutions, and other items from the public, the mayor, various departments of the govemmenL 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 Charter) (g) Authonze (approval or deny) requests for items to be waived to the council agenda upon wntten approval of the committee chair _ 6 _ 124.00 (h) Provide for the coordmatton of all meetings, functions, and legtslahve and administrative activities of the council and see that they are honestly, efficiently and lawfully conducted (i) Make known all rules of order when so requested and decide all questions of order and procedure. subject to appeal by the council Serve as the chief spokesman and representative of the council for matters before the public. the state and the federal governments, and the county administration. m accordance with the official posmon of the council (k) Assist the chairs and members of [he committees and subcommittees by assuring the availabihty• of adequate administrative and staff support (I) Authorize (approve or deny) all travel requests of council members and staff as provided m the Section 13-17, Hawaii County Charter. and Article 16. Section 2-94(a) and (b). Hawaii County Code (m) Recommend a calendar of events to include counctl meetings. committee meetings, agenda deadhnes, recesses. special meetings, hohdays, etc i~aoo RULE NO ~ COUNTY CLERK I Counh Clerk The county clerk shall be appointed by and serve at the pleasure of the council under the direct supervision of the chair 2 It shall be the duty of the county clerk. m addition to those dunes prescnbed by law, including Section 3-6(b). Hawai'i County Charter, to (a) Be responsible for the administration of the office of county clerk (b) Have charge of all the records of the council, keep an accurate journal of proceedings, and make accessible to the general public, m a timely manner, all written materials of public record and be responsible for same (c) Forward at once to the chair and council members all official reports. communications and other matters related to the council's business (d) Sen•e in all matters as clerk of the council and perform all clerical and office dunes pertaining to such position as the council shall from time to Ume direct, as well as other duties assigned by law or these rules (e) Attend all council meetings and read bills. resolutions, and other matters to the council, as required (f) Maintain order among those members of the public present at council meetings and. when required by the presiding officer, remove any person who violates these rules (g) Exercise direct supen•ision over agencies and the staff of the legislative branch of the county (h) Be the authonzed representative for the Committee on the Destruction of Records -a- iz•aoa RULE NO 6 COMMITTEES I True There shall be four (4) types of committees. namely (a) Standing Committees (b) Subcommittees (c) .4d Hoc Committees (d) Committee of the V1%hole 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 urinal convening of the council The other committees shall be established in accordance with these rules 3 Members The chair and all members of the council shall be members of each standing committee wnh voting pnvileges Membership m the other committees shall be m accordance with these rules d Procedures (a) All referrals forwarded to the standing committees shall. upon compliance wnh the mandated six-calendar day posting notice. be placed on the agenda of the respective standing committees upon the direction of the committee chair (h) .4ny recommendation or detetmmation by a committee shall be dispensed wnh by a formal motion and vote (c) 4 standing committee may expedite its business by means of referring matters to a subcommittee or an ad hoc committee (d) A public hearing may be required by an affirmative vote of three standing committee members The nine 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 distract affected - 9 - I2•~`00 ~ Commtttee Chair (a) The chair of each committee shall preside at all meetings, preside at all meetings and prepaze and be responsible for agenda and reports for each meeting (b) In the absence of the chair. the vice chair shall perform the duties of the chair In the absence of both the chair and vice chair of a standing committee, the committee shall elect from among its members a temporary chair (c) The chair of each standing Commtttee shall receive all referrals to the committee and may place referrals on the agenda, provided that bills, resolutions or matters regwred by law for council action shall be placed on the committee agenda within the next two scheduled meetings At the request of any council member, the appropriate standing committee chair shall place the requested item(s) on the agenda w•nhm the next two standing commntee meetings (d) Upon a written request and with the written concurrence of the appropriate standing Commtttee chair, the council chair may authorize any item to be waived from the standing commntee dtrecth to the council agenda 6 Other In all other matters. committees shall conduct their business to accordance with these rules. the Hawaii County Charter. and the Hawaii Revised Statutes _io_ t,aoo RULE Tv0 7 STA'dDING COMMITTEES I There shall be five (5) standing committees as follows (a) Committee on Finance (b) Committee on Planning (c) Committee on Public Works and Intergovernmental Affairs (d) Commtttee on Parks and Envirorunental Management (e) Committee on Human Sen•tces and Economic Development The chairs and vice chairs of each committee shall be determined by resolution 2 The scope and responsibilities of the standing committees shall include. but not be limited to, the following (a) Commtttee on Finance (1) Matters related to auditing, budget, capital improvement projects, improvement distracts, lease agreements. appropriations, general obligation and revenue bonds, taxes, mtergovemmental 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 Planning (I) Matters related to publtc lands, general plan, community development plans. subdivision control, zoning, land use, infrastructure requirements, coastal zone management, forestry, historic sites and trails, cultural resources, water and water development street names and public access (c) Commtttee on Public Works and Intergovernmental Affairs (1) Matters related to management of publtc facilities, building, fire. plumbing and related codes, dedication deeds. street and other public improvement dedications. easements, cemeteries. highways. flood and - I I - 12.4'00 drainage, public utilities, traffic control, sign regulations, and beautification (2) Matters related to pubhc transportation mass transit (3) Matters related to state and/or federal legislation, Hawaii State Association of Counties, National Association of Counties, state county overlapping functions, and federal, state and county agency relations (d) Committee on Parks and Environmental Maria eg merit Matters related to parks and recreation and youth and elderly achvi[ies (2) 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 Services 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 activities (2) Matters related to human services and social service agencies and non-protit programs _ I? . 12'~ 00 RULE NO 8 SUBCOMMITTEES I Establishment A standtg commtttee may. by adopting a mutton of a ma~onty of t[s members, inmate and establish a subcommittee 2 Purpose The chair of the mmatmg committee shall specify the purpose of the subcommittee and shall set a schedule for the completion of its work Chair The chair of the initiating committee shall remain as chair of the subcommittee, unless otherwise specified by a majority of [he members of the standing committee 4 ~4embers The members of any subcommtttee shall be selected from members of the imitating commtttee and shall consist of not less than three (3) members who shall be selected by a malonty vote of the members of the initiating commtttee ~ Meetings Meetings of a subcommtttee shall be conducted m accordance with law and these rules 6 Reports Upon the request of the wttating committee chair or at the completion of its work, the subcommittee shall report its findings to the mmattng standing committee 7 Other In all other matters, each subcommittee shall conduct its business m accordance ~a•rth these rules. the Hawart County Charter, and the Hawart Revised Statutes _ _ i2'a%oo RUI E NO 9 AD HOC COMMITTEES I Establishment The chart of a standing commtttee may mutate and establish an ad hoc commtttee as needed 2 Pumose The chair of the tmttating committee shall specifi the purpose of an ad hoc committee and set a schedule for the completion of its work 3 Chair The chart and vice chair, tf any, of an ad hoc commtttee shall be appointed by the c,hatr of the initiating committee •3 Ntembers fhe members of an ad hoc commtttee shall be selected from members of the inmating committee and shall consist of not less than three (3) members who shall be selected by the chair of the tnmaung commtttee i Meeun~s Meetings of an ad hoc committee shall be conducted m accordance urth law and these rules 6 Re orts Upon the request of the tmhaung committee chair or at the completion of its wor6. the ad hoc committee shall report its tindmgs to the initiating standmg committee 7 Other In all other matters an ad hoc commtttee shall conduct its business to accordance ~tirth these rules, the Hawat't County Charter. and the Hawat't Revised Statutes _ i ~ _ i ra o0 RULE NO 10 COMMITTEE OF THE WHOLE 1 Establishment Upon a ma~ontr• vote of rts members, the council may resolve itself mto a committee of the whole on am bill. resolution or matter for discussion 2 Char The chair of the council shall be the char 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 committee of the whole and shall make a complete record of its proceedings which shall be kept as one of the public records of the council 4 Other In all other matters, this committee shall conduct rts business m accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes _,s_ iza•oo RULE NO 11 COMMITTEE REPORTS I Standing committees shall report as necessan or required on matters referred to them Whenever any matter rs referred to a committee, rt shall be the duty of such committee to make dingent 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 permuted 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 moron duly adopted, shall be signed by its chair and shall state the findings of fact and conclusions based thereon, together with a clear recommendation as to the disposal of such matter The report also shall indicate the vote of the committee 4 The report of a committee on a bill or resolutwn shall state clearly the amendments, rf am are proposed, however, no bill or resolutwn may be amended so as to change tts ongmal purpose 5 !n the event a commtttee fads to have total agreement, the committee chair shall transmu a ma~onty report to the councrl and the same shall be the report of the commtttee The committee mmonty may file a separate committee report In the event that committee members are evenly divided on any question, the subject matter shall be forwarded to the councrl with no recommendation 6 Unless waived directly to the councrl. all bills. resolutions and matters requrnng councrl action shall be forwarded to the council with a commtttee report ie- iz•a o0 RILE NO 1~ VOTING I There shall be five (5) methods of voting (a) By voice (b) By raising of hands (c) By nsmg (d) By unanmtous consent (e) By roll call 2 Except on procedural moUOns, all voting shall be by roll call vote 3 On procedural moUOns. the chair, afrer staling the quesUOn, shall call for an "aye" or "no° voice vote and thereupon announce the result 4 Voting on every bill, resolution or nonprocedural motion shall be by roll called by the county deck when called, each member shall answer m a clear voice "aye" if voting m the affirmative. 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, [he chair shall state the question and call for a vote by raising of hands The county Berk 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 resenauons. pro or con, on any motion may vote m a dear 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 aeam votes "kanalua." the vote shall be recorded as an "aye" vote 7 No member shall refrain from voting unless excused by [he presiding officer or is, otherwise. excused as provided herein Unless a member is excused from voting, silence shall be recorded as an affirmative 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 be permitted to change a vote _i~_ izaoo 9 In the event of a rte vote, the following procedures µ•t11 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 council meeting However. should the council be unable to derive any ma~onty vote on any matter due to abstentions or members being excused from voting, 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 motion adopted by the ma~onty of the council 10 Official Action do 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 m 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 ma)orrty of the members of the council, when simng as a body or an entity. upon any matter before the council (Section 3-20, Hawaii County Charter) 1 1 l;nless otherwise provided, the vote of a ma~onty of the entire membership of the council or committees shall be necessary to take any action 12 An affirmative vote of at least two-thirds of the enure membership of the council shall be required to (a) Authorize the issuance of general obligation bonds, (b) Override the mayor's veto (Section 3-12, Hawaii County Charter). (c) Authorize the employment of special counsel (Section 5-2 Hawail County Charter), (d) Make an emergency appropriation by ordinance (Sections 3-1 1 and 10-K. Hawar'i County Charter), (e) Amend the capital budget (Section 10-6(d), Hawai`i County Charter), (t) Cut off debate by a motion to the previous question, (g) Revise or suspend these rules, _ ig _ iz a•oa (h) Imdate amendments or revtstons to the Hawat't County Charter, or (t) Authorize executive sessions (Section 92-4, Hawaii Revised Statutes) 13 Capon aone-third vote of the entire membership, the council shall be required to (a) Hold full readings and public hearings on ordinances or resolutions (Section 3-9, 3-10(a), Hawaii County Charter), or (b) Lay over an amended bill for at least one week before final readmg (Section 3-10(d), Hawar'i County Charter) 14 Bills and resolutions covering similar subject matters and regwnng three readtngs for approval may be considered and voted upon as a group on first readmg with the unanimous consent of the enure membership - 19 - I2'-0`00 RULE NO l3 DISCLOSURE OF ['.~]TEREST 1 Any member who has a substannal financial and-or personal interest. direct or indirect. m any action proposed or pending before the council or a committee, shall make full disclosure m writing to the chair of such interest prior to the taking of any vote thereon as provided by Section 14-3(a). Hawari County Chaney 3 Any member who has a substannal tinancial 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 [he 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 (1) an ownership interest m a business, (2) a creditor interest m an insolvent business. (3) an employment, or prospective employment, for wfiich negotiations have begun, (4) an ownership interest m real or personal property. a loan or other debtor interest, or (6) a directorship or officership m a business 3 Such wTrtten disclosure of financial or personal interest m am proposal pending before the council and its committees. shall be recorded m 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 m Section 14-3(h), Hawai'i County Charter Such written disclosure shall be applicable to all subsequent actions relating to the same subject matter -zo- izaao 4 Pnor to any vote cn the counccl or a committee on a proposal for which the counccl member has made a wrctten dcsclosure of a financcal or personal interest, the counccl member shall also orally dcsclose the interest to the counccl or cemmntee afrer each motcon and second on the proposal, but before the commencement of debate on the motion or. cf there is no debate, before the calling of the quesUOn on the motcon izaoo RLLENO 14 PETITIONS 1 Any person may petition the council Petmons shall be m writing, signed by the petitioners 2 All pennons and other papers addressed to the council shall be presented by the chair or by a council member, and shall be endorsed by the person presenting rt The petition or other papers shall be made part of the official records kept by the clerk, provided that all documents so received shall be referred to committee. as appropriate 3 .4 beef statement of the contents of any petition or other papers shall be made verbally by the one presenting the same d Petmons relating to Inmatrve and Referendum shall follow procedures pursuant to 4rt~cle XI. Hawaii County Charter _ zZ _ 12.3'()0 RULE NO. I S PUBLIC STATEMENTS AND TESTIMONY I Wntten tesumon}• Wntten testimonies shall be received for the record on any agenda rtem If possible, fifteen (15) Wntten copies of the testimom should be prepared for presentation to the councilor committee 24 hours pnor to convening of the meeting 2 Oral Tesumonv Oral statements from any member of the public shall abide by the following (a) Pursuant to Chapter 92. Hawaii Revised Statutes, any person wishing to present oral tesumom on any agenda item may do so consistent wrth this rule (b) Persons wishing to present oral testimony relating to items listed on the Order of Business shall register wrth the clerk pnor to the convening of the meeting, giving their name, address, the organizaUOn they represent, if any. and the item on which they wish to speak and their positron thereon, if any Each person may speak for three minutes subject to the discreUOn of the presiding officer (c) Each person must speak at the time of calling, unless the presiding officer deteimmes othenvise (d) No person will be allowed to speak twice on the same subject (e) Any person wishing to speak on more than one subject shall register separately for each agenda item (t) Those speaking shall direct their remarks to the presiding officer and not to any mdiyidual council member or person in the audience (g) All members of the public shall extend proper courtesy and respect to one another and to all council members. and ail persons shall be addressed by their surnames No profanity or abusive remarks will be allowed at any time m any meeting _ ~3 _ 12'4'00 (h) Any person. not a member of council. who shall be disrespectful to the council or any committee by any disorderly or contemptuous behavior m rts presence or ~a•ho disrupts the exercise of any legislator's function, may be removed from the meettng at the discretion of the presiding officer (i) Any person may speak for three minutes on matters not on the agenda at the end of the committee business, subject to the discretion of the presiding officer and these rules Any person who does not abide by these rules may be ruled out of order by the presiding oftcer 3 Nothing m this rule shall diminish the responsibilih• or the authonty of the presiding officer to maintain order and decorum _24_ iz~oo RULE NO 16 MOTIOI\ S 1 iro moron may be received and considered by [he council or a committee until the same has been seconded 2 Unless otherw•tse provided. motions and amendments may be verbal. but shall he reduced to venting, 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, rt is deemed to be m the possession of the counctl or committee, and rt shall be disposed of by vote of that body However, any motion may be withdrawn by the movant with consent of the corresponding second at any nine before a decision or amendment ~ Whenever any question is under discussion. the precedence of motions thereto shall he to (a) Lay on the table (b) The previous question (c) Postpone to a certain time (d) Commn (or refer) (e) Amend (f) Postpone indefinitely (g) Close the 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 moron is Gamed by two-thirds (2!3) ma~onty, the introducer of the main subject under discussion shall be petmrt[ed to close the debate, after which the main quesnon shall be put, provided, however, that the introducer may delegate to another such tight to close - 25 - 12 ~t'00 (b) Postpone Indefinitely When a question is postponed mdefimtely, the same shall not be acted upon agate 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 fads 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 in the negative, the only remaining yuesuon shall be as to the passage or adoption of the bill, resolution, or other math question 6 Adiournment Meetings may be adjourned 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 ahvays m order and shall be decided ~+ithout debate One motion to adjourn shall not follow another without intervening business - 26 - 12 4'00 RULE 1\O 17 RECONSIDERAT[Oi; 1 When a motion has been made and carried m the affirmative or negative. any council member voting 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 motion to reconsider the vote taken at the time any bill or resolution fails to pass Yinal reading shall not be voted upon until riventy-four (24) hours have elapsed. m which case the bill or resolution shall be placed on [he 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 3 A request for a motion to reconsider a measure may be made m w•rihng and shall be placed under "other business" on the agenda of the next regular meeting •1 Vdhen a motion for reconsideration is first made and carried 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 in the possession of the council, and the clerk shall not transmit, file, or otherwise dispose of it, unless rt is deemed filed pursuant to ordinance or the time for its passage has expired by operation of law If the motion to reconsider fails, the vote previoush taken on the bill or resolution shall become final, and the clerk shall so note in the~oumal 6 A motion for reconsideration and am subsequent action thereon shall only be considered m accordance with these rules and any public notice requirements 7 Anv measure once considered shall only be reconsidered once - 27 - 12'4'00 RliLE \O l8 ORDER OF BUSPVESS 1 The following shall be the Order of Business for the Council 1 Call to Order 2 Roll Call 3 Pledge of Allegiance 4 Approval of Minutes ~ Statements from the Public on Items Ltsted on the Order of Business 6 Petitions, Memonals, Communications, Cemficates of Ment and Expressions of Condolence 7 Order of Resolutions 8 B~IIs for Ordinances (F~rst Reading) 9 Order of the Dat• (Second or Final Reading) (0 Reports 1 1 Referrals for Executive Session 12 Other Business 13 Statements from the Publtc I ~ Announcements I ~ .4d~ournment _ ~g _ 12~4~00 RULE NO 19 AMENDMENTS AND REVISIONS 1 Amendments These rules may be amended at a regular council meeting b.' a resolution approved by an affirmative majority vote of the entire membership of the council. provided that at least six (6) days advance wntten nonce of such amendment(s) and meeting are first green to each member 2 Revisions Whenever changes of the rules aze so extensive and general that they are scattered throughout the [vies such that an entirely new set of rules called a revision is necessan•, then such revision shall require the adoption of a resolution by a tvvo-thirds affitmative vote of the entire membership of the council The notice requirements shall be the same as those for amendments - 29 - I2 4'00 RULE NO 20 SUSPENSION OF RULES 1 V1'hen the council or committee proposes to do something that rt cannot do without violating one or more of these rules, rt can adopt a motion to Suspend The Rules interfering with the proposed action, provided, however, that neither the proposal nor the suspension shall result m a conFlict wnh any consutuuonal 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 subsidy motion can be applied to it (b) Out of order when another has the floor (c) Not debatable or aniendable Such a motion regwres atwo-thirds vote of the enure membership, unless otherwise provided. and cannot be reconsidered - 30 - 12'400 RULE NO 21 ORDER AND DECORUM 1 All hearings and meetings well begin promptly at the scheduled announced ttme 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 heanng or meeting shall refrain from taking the council's or committee's time with questions and mquines on matters already discussed 4 If any council member behaves m a disorderly or contemptuous manner dunng any session of the counctl or committee, the presiding officer shall order such member to cease and shall preserve the peace If the council member persists. the presiding officer shall order the county clerk or a designated person to remove the council member from the meeting, and that council member shall not he pernutted to be seated dunng the remainder of the sesson, except upon approval of the presiding officer or by ma~onty vote of the council 5 .411 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 m any meeting 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 time during the meettng must have permission of the presldmg officer to do so (Alternative, move for recess j (a) Nothing m this rule shall diminish the responsibility or authority of the presldmg officer to maintain order and decotvm (b) No council member may speak longer than five (5) minutes. nor may any member speak more than twice on the same question without leave of the presldmg officer, subject to an appeal to [he council, unless the council member is the maker of the motion or sponsor of the matter pending. in - 31 - 12~4~00 which case the council member may speak m reply, but only after every other council member choosing to speak has spoken (c) In the case of the committee of the whole. a subcommittee. or an ad hoc committee, a council member may speak more than tw•~ce on a matter before that body, bu[ only after every council member choosing to speak has spoken RULE NO 22 LEGISLATIVE AUDITOR 1 The legislative auditor shall be appom[ed by the county clerk with the approval of the counctl and such position shall be exempt from civ•tl service laws and classifications 2 The legislative audnor shall, at the discretion of the counctl (a) Assist committee chaos to the preparation and management of matters brought before the respective commntees (b) Conduct a post audit of all transactions 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 council (d) Perform other support duties as may be assigned by the counctl i Personnel assigned to the legislative auditor shall report to the legislative audnor and shall comply with internal gwdelmes established b~ the legislative auditor 4 The legislative auditor shall be responsible for all projects assigned by the council and shall be held accountable to the council - 33 - 12'4'00 RULE NO 23 APPOINTMENTS 1 Qualifications No council member shall appoint any person to any office or posnwn which is exempt from the crnl service laws until satisfied by proper investigation that the person to be appointed is fully qualified by expenence and ability to perform the duties of that office or position (Section 13-3, Hawaii County Charter) 2 Prohibitions (a) No person w•ho 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 (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 then supervision The word "relative" shall mean an individual who 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-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 councilor staff member shall use their official position to secure special privileges, consideration, treatment or exemption [o themselves or any person beyond that which is available to even' other person (Section 14-2(b). Hawaii County Charter) (d) No person m a supervisory capacity shall engage m personal or business relationships with subordinates which might intimidate said subordinate, m the discharge of their official duties (Section 14-4(b), Hawai`i County Charter) 34 - 12.4.00 RULE NO 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%~r condmons as the presiding ol~icer may prescribe . 35 _ 12~3~00 RULE NO 25 MANDATORY PROGRAM REVIEVb' i [n order to comply with Section 3-16, Hawaii County Charter- relating to Mandatory Program Review (a) The council shall conduct a critical review of every program of all departments or agencies supported wholly or partially by county funds during the council's annual operating and capital budget and program approval process (b) The council, through its committee on finance. shall review the operating and capital budget and program information submitted by the mayor pursuant to Article X, Hawaii County Charter In addition to information set forth m Sections 10-3 and 10-6, Ha~aai`i County Charter, the committee may request the departments or agencies for other information that would assist m its review of the programs Such information may include, but shall not be limned to, the statutorr+ authority for the program, program goals and objectives, outcome results and a department or agency assessment of the program's performance (c) The committee shall report its review and findings to the council for consideration and funding (d) The council may approve a program's continued funding at existing or modified levels, or the council may terminate a program and its funding (e) If warranted, the council may conduct further reseazch into a program m accordance with these rules 2 Further research into a program or issue may be conducted by (a) A standing committee (b) The office of the legislative auditor pursuant to adoption of a council resolution (c) An independent contractor pursuant to adoption of a council resolution -36- 12~"00 RULE NO 26 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE I Certificates of meat, memorials. and expressions of condolence are non-legrslatrve m nature and require no formal council action 3 Memorials and expressions of condolence are intended to convey the county's condolences on the death of any exceptional public personality m or out of government 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 certificates from other council members Any conflicts regarding sponsorship or duplicated requests shall be referred to the council chair 4 The sponsoring council member shall inform the county clerk as to the necessan particulars A certificate of merit shall include the name of the honoree and a brief descnpuon of the acl or achievement to be cited 5 Certificates shall be issued to the honoree onh• True copies of any certificate shall not be issued to spouses, officers, sponsors or the like, who are not directly im•olved unless m the case of an expression of condolence 6 All certificates which do not have a mayor impact or which do not affect a significant number of people. and are received less than six (6) days before the regular meeting date of the council, may be considered at such meeting upon a majority vote by the council 37 - 12.4.00 RULE NO 27 BILLS AND RESOLUTIONS I General Procedures (a) A bill or resolution may be introduced by any council member(s) The ongmal copy of any bill or resolution shall be m typewritten form. dated and signed by the introducers) pnor to consideration (b) In order to be considered for placement on the council or committee agenda. all bills, resolutions, petitions, and other communications shall be filed with the clerk by 12 00 P M ,Noon, on the ninth calendar day preceding the day of the council meeting or by 4 30 P'vI on the eleventh calendar day preceding the day of the committee meeting Any bills, resolutions, peht~ons, 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) calendaz day posting nonce. bills. resolutions and matters requ~nng council action shall be placed on the council agenda within the next two council meetings Bills, resolutions and matters regwnng council action shall be introduced on the council floor by [he committee chair or the member introducing the legislation (d) Readings of bills or resolutions may be by title only, except that a fixll reading may be regmred by one-third vote of the entire membership (Sections 3-9 and 3-10(a). Hawa~'~ County Charter) (e) Except by 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 clerl. for preparation and d~stnbution 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 meeting _ ;g _ I2!4!00 2 Bills (Section 3-10, Hawaii Counn• Charter) (a) Ordinances shall be initiated as bills which shall be passed only after hvo readings on separate days except as otherwise provided by law Reading of bills may be by tale only (b) Everv 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, (Z) The appropnaUon of public funds or authonzahon 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 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 Not less than three copies of such bills shall be filed for use and examination by the public m the office of the county clerk at least three days pnor to the final reading thereof (d) A bill shall not be amended to change its ongmal 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) A moUOn to reconsider made at the Ume of any bill fails to pass final reading shall not be voted upon until after twenty-four hours (t) 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 exammauon by the public m the office of the county clerk, and nonce of the availability of said copies shall be published by the clerk _;9 _ ira o0 (h) Afrer enactment, ordinances shall be published once m at least hyo daily newspapers of general c~rculatton m the county Such pubhcat~on shall be by title only and shall specify the ayes and noes 3 Emergency Ordinances (Section 3-1 I, Hawa~`t County Charted 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 [he borrowing of money or to grant, renew or extend franchises Emergency appropr~auons may be made pursuant to Section 10-8, Hawa~'i County Charter Emergency ordinances shall be plainly designated as such and shall contain a declaration descnbme the emergency m 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 specifi Amendments to any emergency ordinance shall be adopted m the same manner prescribed for adoption of emergency ordinances Even• 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) Even- bill adopted by the council shall be duh 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 [f the mayor disapproves a bill. the mayor shall return the bill together with any objections in writing to the clerk within ten days (excluding Saturdays. Sundays, and legal holidays) after receipt If the mayor does not act within such ten-day period. the bill shall become effective as an ordinance as if the mayor had approved rt The ob~ecuons of the mayor shall be entered in the ~oumal 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 enure - ao - i ra o0 membership. [he prestdmg officer shall venfy that fact on the face of the bill and such btll shall become effective as an ordinance with Itke effect as tf approved by the mayor A bill fatting 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 ob~ecttons and the reasons therefor to the bill at the time of stgmng, and the item or portton thereof so vetoed shall not take effect unless the counctl shall reconsider the vote on the bill and, upon such reconstderatton, the bill is again passed by the affirmattve vote oftwo-thuds of the enure membership 5 Resoluttons Resoluttons are non-legislative acts of the counctl and, except as otherwise provided by law. no resolution shall have the force and effect of law There shall be two basic types of resoluttons which may be processed (a) Formal Resoluttons This type of resolutton represents an official counctl expression and, therefore, generally has considerable weight There are three categories of formal resoluttons (1) Offictaldectsion (A) Resolution organizing the counctl and staff, (B) Resolutton delineating the councils rules of procedure, (C) Resolutton calling for moratoriums on parl.ing meter usage. traffic control, etc , (D) Resolutton tendering assurance of participation for certification requirements mandated by federal or state agencies, e g ,HUD, block grants, (E) Resolutton approving mulct-year leases, purchases, contracts, etc , (F) Resolution amending the salary ordinance, (G) Resolution approving the naming of streets, and (H) Resolution transfemng funds (2) Lesislative-tike (A) Resolutton establishing real property tax rates, (B) Resolutton authorizing eminent domain proceedings. (C) Resolution revising county fuel tax rates, _.>i _ tzwoo (D) Resolution relating to the abandonment or dtsposttion of county lands, (E) Resolution on mrttattve and referendum proceedings, and (F) Resolution calling for the tncluston of charter amendment proposals at the next general election (3) Official request or optnton (A) Resolutton requesting mfomtation or a study to be conducted, (B) Resolutton calling for state or federal action, and (C) Resolutton to a department head requesting information or review of a specific issue or item (b) Informal Resolutions Generally address sub}ects having less impact than formal resolutions and are categorized as follows (1) Automatic (.A) Resolutton honoring retiring county elected oftictals, and (B) Condolence resolution on the death of any incumbent county- elected ofTctal (2) O~uonal 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 to the county, state or federal goverment, 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 m some way to Hawat`t County or the State of Hawat`t _ 42 _ 12.4!00 RULE NO 28 PARLIAMENTARY AUTHORITY When these rules aze silent, the rules of parliamentary procedure contained m the current ednion of Roberts Rules of Order Newly Revised shall govern the council and its committees m all cases to which they are apphcable and m which they aze not inconsistent w•tth any consutuhonal pmv~sion. any law, the Hawart County Charter or these rules - a3 - i z •a o0 RULE ivO 29 INVOCATIOI: 1 For the purposes of this rule, the following definmons apply (a) "Church" shall mean body. group or organization of rehgtous believers (b) "invocatton'~ shall mean a prayer or entreaty to a higher authority (c) "~1~mster" shall mean one wfio officiates over or leads a church worship service (d) "1\on-denominational" shall mean without regard to the tenets of a particular church 2 Subject to the d~scretton of the char, an mvocatton may be delivered by a minister of a church prior to the call to order for any council meeting The chair shall approve the selection of the minister i The county clerk's office shall maintain a list of ministers of all faiths who have been asked to. or who have expressed an interest m, dchvering the mvocatton The participants on the list will be called rotationally so that no one individual is asked to say the mvocatton more than a few times per year If a participant on the Itst 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 ~aho is on the list as of the adoption date of flits 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 sttbmtt, on church letterhead, the minister's name, church address, home address, church phone number and home phone number to the clerk d Thts program of mvocatton shall be non-denominational _ qq _ 12'4!00 RULE NO 30 SEVER4BILITY If any rule contained herein is m conflict w•tth the provisions of the U S COnShIUtIOn, State ConsUtuuon, Hawar'i Revised Statutes, Hawai'~ County Charter. or the Hawa~'t County Code, such rule shall he deemed invalid Such invalidity shall not affect other rules contained herein which, othern~ ise. can be given effect without [he tnvahd rule, and to this end these rules are severable -4~- 12400