HomeMy WebLinkAboutRES 002 Draft 01 2002-2004 ADOPTING NEW RULES OF PROCEDURE
OF THE COUNCIL OF THE COUNTY OF HAWAII
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the attached Rules
of Procedure of the Council of the County of Hawaii are hereby adopted to govern the affairs of the
Council
Dated at Hilo, Hawaii, this 2°d day of December 2002.
INTRODUCED BY:
C BER, C LINTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County Of Hawa`i AYES NOES ABS EX
Ililn, Hawaii ARAKAKI
C}-SUNG X
I hereby certify that the foregoing RESOLUTION was by ELARIONOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH
County of Hawaii on j~p~QmhPr 2 , 7 Q Ll7 X
JACOBSON X
ATTEST: LEITHEAD-TODD X
REYNOLDS
SAFARIK X
TYLER X
9 0 0 0
t..
Reference: C -1
COUNTY CLERK C}{AIRMAN ~ }PRESIDING OFFICER RESOLUTION NO.
RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY HAWAII
TABLE OF CONTENTS
Page
RULE NO. I INITIAL CONVENING OF THE COUNCIL 2
RULE NO. 2 MEETINGS 3
RULE NO. 3 QUORUM 5
RULE NO.4 OFFICERS AND THEIR DUTIES ......................................................................................................6
RULE NO. 5 COUNTY CLERK 8
RULE NO. 6 COMMITTEES 9
RULE NO. 7 STANDING COMMITTEES I 1
RULE NO. 8 SUBCOMMITTEES 13
RULE NO. 9 AD HOC COMMITTEES 14
RULE NO. 10 COMMITTEE OF THE WHOLE I S
RULE NO. 1 I COMMITTEE REPORTS 16
RULE NO. 12 VOTING 17
RULE NO. 13 DISCLOSURE OF INTEREST 20
RULE NO. 14 PETITIONS 22
RULE NO. I S PUBLIC STATEMENTS AND TESTIMONY 23
RULE NO. 16 MOTIONS ........................................................................................................................................25
RULE NO. 17 RECONSIDERATION 27
RULE NO. 18 ORDER OF BUSINESS 28
RULE NO. 19 AMENDMENTS AND REVISIONS ...............................................................................................29
RULE NO. 20 SUSPENSION OF RULES 30
RULE N0.21 ORDER AND DECORUM 31
RULE NO. 22 LEGISLATIVE AUDITOR 33
RULE NO. 23 APPOINTMENTS 34
RULE NO. 24 NEWS MEDIA 35
RULE NO. 25 MANDATORY PROGRAM REVIEW 36
RULE NO. 26 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE............37
RULE NO. 27 BILLS AND RESOLUTIONS 38
RULE NO. 28 PARLIAMENTARY AUTHORITY ................................................................................................43
RULE NO. 29 INVOCATION .................................................................................................................................44
RULE NO. 30 SEVERABILITY ..............................................................................................................................45
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RULE NO. 1
INITIAL CONVENING OF THE COUNCIL
1. When the time specified by law arrives for the first convening of the newly elected
council and until such time as the 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 majority 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. 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 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.
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RULE N0.2
MEETINGS
1. Regular Meetings. Except as otherwise provided, the council shall meet regularly at
least twice in every month beginning at 9:00 A,M. in the council meeting room at the County
building, Hilo, Hawaii, on the first and third 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 in
the judicial districts of North Kona or South Kona, at locations and times designated by the council.
2. Special Meetings. Except as otherwise provided by law, special meetings may be
called by the presiding officer of the council or a majority of the council, provided that the date,
time and place of such meetings are announced prior to adjournment of a regular meeting;
otherwise, only upon the publication of a notice of such meeting in at least two daily newspapers of
general circulation in this county at least twenty-four (24) hours in advance of such meeting. If this
publication of notice cannot be met because of insufficient time, the meeting notice shall be made
by broadcasting a minimum of three announcements in the English language over FCC licensed
public radio stations in this county or television stations with local audience at least twenty-four
(24) hours in advance of such meeting in accordance with Section 13-20(c), Hawai `i County
Charter.
3. Committee Meetings. Except as otherwise provided, those standing committees
having referrals shall meet beginning at 9:00 A.M. in the council meeting room on the day
preceding a regular council meeting or at other places and/or times designated by the council.
4. Scheduling. 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 public notice
upon giving at ]east six (6) days notice to the public and council members. The chair shall promptly
notify all council members and the county clerk by written memorandum as to the scheduling or
rescheduling of any such meetings.
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, Hawaii Revised Statutes, or where personal matters
affecting the privacy of an individual are to be considered and the individual involved requests a
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closed meeting to consider such matter; however, any official action resulting therefrom shall be
acted upan in an open meeting in accordance with Section ] 3-20(b), Hawaii County Charter.
6. Emergency Meetings. If the council finds that an imminent peril to the public health,
safety, or welfare requires a meeting in less time than is provided for in 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 in writing the reasons for its findings;
(b) Two-thirds of all council members agree that the findings aze correct and an
emergency exists;
(c) An 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. Availability 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 prior to the meeting.
8. Attendance. No 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 written notice shall be given to the chair
whenever possible.
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RULE NO. 3
UORUM
1. A majority of the entire membership of the council or a committee shall constitute a
quorum for meetings, provided that a majority of less than a quorum may adjourn from time to time
and may compel the attendance of absent members (Section 3-?, Hawaii County Charter).
The term "entire membership" means the entire membership of nine members, even
if there aze vacancies (Section 3-7, Hawaii County Charter),
2. Public hearings, workshops, site visitations and meetings not requiring any action
may convene with less than a majority, provided the requirements of the Hawaii County Charter
and the Hawaii Revised Statutes are met.
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RULE N0.4
OFFICERS AND THEIR DUTIES
The officers of the council shall consist of the chair and vice chair who shall perform the
duties prescribed by law and these rules. Each shall be elected by a majority vote of the entire
membership of the council and serve at its pleasure. Any vacancy shall be filled in like manner.
I . Presidine Officer. The chair of the council 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 presiding officer. In the absence or disability of both the chair and vice
chair, the council shall elect from among its members a temporary presiding officer and the finance
committee chair shall serve as the chair pro tem for purposes of presiding over the election.
It shall be the duty of the chair to:
(a) Open all meetings of the council at the appointed hour by taking the chair and
calling the council 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 written testimony in accordance with these rules. The chair shall not
engage in 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 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, vazious 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 Charter).
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(g) Authorize (approval or deny) requests for items to be waived to the council
agenda upon written approval of the committee chair.
(h) Provide for the coordination of all meetings, functions, and legislative 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.
(j) 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, in accordance with the official position of the council.
(k) Assist the chairs and members of the committees and subcommittees by
assuring the availability of adequate administrative and staff support.
(t) Authorize (approve or deny) all travel requests of council members and staff
as provided in 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 council meetings, committee
meetings, agenda deadlines, recesses, special meetings, holidays, etc.
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RULE NO. 5
COUNTY CLERK
1. County 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, in addition to those duties prescribed 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 chazge of all the records of the council, keep an accurate journal of
proceedings, and make accessible to the general public, in a timely manner,
all written materials of public record and be responsible for same.
(c) Forwazd at once to the chair and council members all official reports,
communications and other matters related to the council's business.
(d) Serve in all matters as clerk of the council and perform all clerical and office
duties pertaining to such position as the council shall from time to time direct,
as well as other duties assigned by law or these rules.
(e) 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 supervision over agencies and the staff of the legislative
branch of the county.
(h) Be the authorized representative for the Committee on the Destruction of
Records.
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RULE NO. 6
COMMITTEES
1. Twe. There shall be four (4) types 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
initial 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 with voting privileges. Membership in the other committees shall be in
accordance with these rules.
4. Procedures.
(a) All referrals forwarded to the standing committees shall, upon compliance
with the mandated six-calendar day posting notice, be placed on the agenda of
the respective standing committees upon the direction of the committee chair.
(b) Any 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 hearing may be required by an affirmative vote of three standing
committee members. The time and place of a public hearing shall be set by
the chair or by a majority vote of the committee and may be held in the area
or district affected.
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5. Committee Chair.
(a) The chair of each committee shall 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 committee shall receive all referrals to the
committee and may place referrals on the agenda, provided that bills,
resolutions or matters required 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 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 their business in accordance
with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
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RULE NO. 7
STANDING COMMITTEES
1. There shall be five (5) 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 committee shall be determined by resolution.
2. The scope and responsibilities ofthe standing committees shall include, but
not be limited to, the following:
(a) Committee on Finance:
(1) Matters related to auditing, budget, capital improvement projects,
improvement districts, lease agreements, appropriations, general
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 Planning:
(1) Matters related to public 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) Committee on Public Works 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
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drainage, public utilities, traffic control, sign regulations, and
beautification.
(2) Matters related to public 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 Pazks and Envirorunental Management:
(1) Matters related to parks and recreation and youth and elderly
activities.
(2) Matters related to the protection, preservation, and enhancement of
the environment, management of solid and hazardous 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, mazket 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-profit programs.
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RULE NO. 8
SUBCOMMITTEES
1. Establishment. A standing committee may, by adopting a motion of a majority of its
members, initiate and establish a subcommittee.
2. Purpose. The chair of the initiating committee shall specify the purpose of the
subcommittee and shall set a schedule for the completion of its work.
3. Chair. The chair of the initiating committee shall remain as chair of the
subcommittee, unless otherwise specified by a majority of the members of the standing committee.
4. Members. The members of any subcommittee shall be selected from members of the
initiating committee and shall consist of not less than three (3) members who shall be selected by a
majority vote of the members of the initiating committee.
5. MeetinQS. Meetings of a subcommittee shall be conducted in accordance with the
law and these rules.
6. Reports. Upon the request of the initiating committee chair or at the completion of
its work, the subcommittee shall report its findings to the initiating standing committee.
7. Other. In all other matters, each subcommittee shall conduct its business in
accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
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RULE N0.9
AD HOC COMMITTEES
1. Establishment. The chair of a standing committee may initiate and establish an ad
hoc committee as needed.
2. Purpose. The chair of the initiating committee 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 committee shall be appointed by
the chair of the initiating committee.
4. Members. The members of an ad hoc committee shall be selected from members of
the initiating committee and shall consist of not less than three (3) members who shall be selected
by the chair of the initiating committee.
5. Meetings. Meetings of an ad hoc committee shall be conducted in accordance with
law and these rules.
6. Reports. Upon the request of the initiating committee chair or at the completion of
its work, the ad hoc committee shall report its findings to the initiating standing committee.
7. Other. In all other matters an ad hoc committee shall conduct its business in
accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
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RULE NO. 10
COMMITTEE OF THE WHOLE
1. Establishment. Upon a majority vote of its members, the council may resolve itself
into a committee of the whole on any bill, resolution or matter for discussion.
2. Chair. The chair of the council shall be the chair of the committee of the whole,
unless otherwise specified by a majority 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 its business in accordance
with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.
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RULE NO. 11
COMMITTEE REPORTS
1. Standing committees shall report as necessary or required on matters referred to
them.
2. Whenever any matter is referred to a committee, it shall be the duty of such
committee to make diligent inquiry into all of the facts and circumstances that may be connected to
such matter. The corporation counsel, department heads, and other county employees may be
consulted, witnesses may be summoned and examined, documents and records requested and
reseazched, 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
cleaz 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 aze proposed; however, no bill or resolution may be amended so as to change its original
purpose.
5. In the event a committee fails to have total agreement, the committee chair shall
transmit a majority report to the council and the same shall be the report of the committee. The
committee minority may file a sepazate committee report. In the event that committee members aze
evenly divided on any question, the subject matter shall be forwarded to the council with no
recommendation.
6. Unless waived directly to the council, all bills, resolutions and matters requiring
council action shall be forwazded to the council with a committee report.
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RULE NO. 12
VOTING
1. There shall be five (5) methods of voting:
(a) By voice
(b) By raising of hands
(c) By rising
(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.
4. Voting on every bill, resolution or nonprocedural motion shall be by roll called by
the county clerk. When called, each member shall answer in a cleaz voice "aye" if voting in the
affirmative, or "no" if voting in the negative. The county clerk shall record each vote in the minutes
and report to the chair, who shall announce the result of the vote to the council.
5. 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 county 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 may vote in a
clear voice "kanalua." Afer 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 affirmative vote.
8. Whenever the ayes and noes aze 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.
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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 council meeting. However, should the
council be unable to derive any majority 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 majority of
the council.
10. Official Action. No official action shall be taken except at a meeting open to the
public in accordance with Section 13-20(b), Hawaii County Charter. Business conducted by the
council during a meeting, which does not conform to the provisions of Section 13-20, shall be null
and void in accordance with Section 13-20(d), Hawaii County Charter.
Except as otherwise provided by law or these rules, "Official Action" means a
collective decision or an actual vote by a majority of the members of the council, when sitting as a
body or an entity, upon any matter before the council (Section 3-20, Hawaii County Charter).
11. Unless otherwise provided, the vote of a majority 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 entire 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 6-2.5, Hawaii County
Charter);
(d) Make an emergency appropriation by ordinance (Sections 3-11 and 10-8,
Hawaii County Charter);
(e) Amend the capital budget (Section 10-6(d), Hawai`i County Charter);
(0 Cut off debate by a motion to the previous question;
(g) Revise or suspend these rules; or
_ ~ g _ 12/2/02
(h) Initiate amendments or revisions to the Hawaii County Charter.
13. The Council may hold an executive meeting closed to the public upon an affirmative
vote, taken at an open meeting, oftwo-thirds of the members present, provided the affirmative vote
constitutes a majority of the members to which the board is entitled. (Section 92-4, Hawaii
Revised Statutes).
14. Upon 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 reading
(Section 3-10(d), Hawaii County Charter).
15. 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.
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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 in writing to the chair of such interest prior to the taking of any vote thereon as provided
by Section 14-3(a), Hawai`i County Charter.
2. Any member who has a substantial financial and/or personal interest directly affected
in any action proposed or pending before the council or a committee shall refrain from deliberating
on said action and shall be excused from voting on the matter thereon.
(a) "Substantial" means an interest which is sufficient in magnitude to influence
one's official action.
(b) "Financial interest" means an interest held by a council member, his or her
spouse, or dependent children which is
(1) an ownership interestin a business,
(2) a creditor interest in an insolvent business,
(3) an employment, or prospective employment, for which negotiations
have begun,
(4) an ownership interest in real or personal property,
(5) a loan or other debtor interest, or
(6) a directorship or officership in a business.
3. Such written disclosure of financial or personal interest in any proposal pending
before the council and its committees, shall be recorded in the minutes of the meetings of the
council and its committees and shall be made a matter of public record prior to the taking of any
vote on such proposal as provided in Section 14-3(b), Hawai`i County Charter. Such written
disclosure shall be applicable to all subsequent actions relating to the same subject matter.
_ 2p _ 12/2/02
4. Prior to any vote in the council or a committee on a proposal for which the council
member has made a written disclosure of a financial or personal interest, the council member shall
also orally disclose the interest to the council or committee after each motion and second on the
proposal, but before the commencement of debate on the motion or, if there is no debate, before the
calling of the question on the motion.
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RULE NO. 14
PETITIONS
1. Any person may petition the council. Petitions shall be in writing, signed by the
petitioners.
2. All petitions and other papers addressed to the council shall be presented by the chair
or by a council member, and shall be endorsed by the person presenting it. The petition or other
papers shall be made part of the official records kept by the clerk, provided that all documents so
received shall be referred to committee, as appropriate.
3. A brief statement of the contents of any petition or other papers shall be made
verbally by the one presenting the same.
4. Petitions re?ating to Initiative and Referendum shall follow procedures pursuant to
Article XI, Hawaii County Charter.
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RULE NO. 15
PUBLIC STATEMENTS AND TESTIMONY
1. Written testimony. Written testimonies shall be received for the record on any
agenda item. If possible, fifteen (15) written copies of the testimony should be prepared for
presentation to the council or committee 24 hours prior to convening of the meeting.
2. Oral Testimony. 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 testimony on any agenda item may do so consistent with this
rule.
(b) Persons wishing to present oral testimony relating to items ?isted on the Order
of Business shall register with the clerk prior 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 position 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
detennines otherwise.
(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.
(f) Those speaking shall direct their remarks to the presiding officer and not to
any individual 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 all persons shall be addressed by
their surnames. No profanity or abusive remarks will be allowed at any time
in any meeting.
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(h) Any person, not a member of council, who shall be disrespectful to the
council or any committee by any disorderly or contemptuous behavior in its
presence or who disrupts the exercise of any legislator's function, may be
removed from the meeting 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 council or committee business, subject to the discretion of the
presiding officer and these rules.
(j) Any person who does not abide by these rules may be ruled out of order by
the presiding officer.
3. Nothing in this rule shall diminish the responsibility or the authority of the presiding
officer to maintain order and decorum.
_ 2q _ 12!2/02
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 in the possession of the council or
committee, and it shall be disposed of by vote of that body. However, any motion may be
withdrawn by the movant without consent of the corresponding second at any time before a decision
or amendment.
4. Whenever 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 carried by two-thirds (2/3)
majority, the introducer of the main subject under discussion shall be
permitted to close the debate, after which the main question shall be put;
provided, however, that the introducer may delegate to another such right to
close.
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(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 majority
of the council.
5. When a motion in one of the above-mentioned categories or another incidental
motion fails or is decided in the negative, the same shall not be revived at the same meeting relative
to the main question under discussion. If all fail or are decided in the negative, the only remaining
question shall be as to the passage or adoption of the bill, resolution, or other main question.
6. Adjournment. Meetings may be adjourned at any time by motion and vote. Unless
otherwise specified in the motion, every meeting shall be considered adjourned to the usual hour of
meeting on the next regular meeting date. A motion to adjourn is always in order and shall be
decided without debate. One motion to adjourn shall not follow another without intervening
business.
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RULE NO. 17
RECONSIDERATION
1. When a motion has been made and carried in the affirmative or negative, any council
member voting with the majority 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
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 regulaz 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 in writing and shall be
placed under "other business" on the agenda of the next regular meeting.
4. When a motion for reconsideration is first made and carried at the next regulaz
meeting, the bill or resolution shall be placed on the agenda for the next regular meeting under
"Other Business."
5. 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
it 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 previously taken on the bill or resolution shall become
final, and the clerk shall so note in the journal.
6. A motion for reconsideration and any subsequent action thereon shall only be
considered in accordance with these rules and any public notice requirements.
7. Any measure once considered shall only be reconsidered once.
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RULE NO. 18
ORDER OF BUSINESS
Subject to the discretion of the chair and prior to the Call to Order, an invocation may be
delivered in accordance with Rule 29.
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
5. Petitions, Memorials, Communications, Certificates of Merit 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 Day (Second or Final Reading)
10. Reports
11. Referrals for Executive Session
12. Other Business
13. Statements from the Public
14. Announcements
15. Adjourmnent
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RULE NO. I9
AMENDMENTS AND REVISIONS
1. Amendments. These rules may be amended at a regular council meeting by a
resolution approved by an affirmative majority vote of the entire membership of the council;
provided that at least six (6) days advance written notice of such amendment(s) and meeting are first
given to each member.
2. Revisions. 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 is necessary,
then such revision shall require the adoption of a resolution by atwo-thirds affirmative vote of the
entire membership of the council. The notice requirements shall be the same as those for
amendments.
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RULE NO. 20
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 with the
proposed action; provided, however, that neither the proposal nor the suspension shall result in a
conflict with any constitutional provision, local, state, or national law or the fundamental principles
of parliamentary law.
2. A motion to Suspend The Rules is:
(a) An incidental motion, and no subsidiary motion can be applied to it.
(b) Out of order when another has the floor.
(c) Not debatable or amendable.
3. Such a motion requires atwo-thirds vote of the entire membership, unless otherwise
provided, and cannot be reconsidered.
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RULE NO. 21
ORDER AND DECORUM
1. All hearings 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 personalities.
3. Any council member who anives late at a hearing or meeting shall refrain from
taking the council's or committee's time with questions and inquiries on matters already discussed.
4. If any council member behaves in a disorderly or contemptuous manner during any
session of the council 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 be permitted to be seated during the remainder of the session, except upon approval of the
presiding officer or by majority vote of the council.
5. 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 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 meeting must have permission of the presiding officer to do so. (Alternative, move for
recess.)
8. Nothing in this rule shall diminish the responsibility or authority of the presiding
officer to maintain order and decorum.
9. 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 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, in which case the council member may speak in reply, but only after every other council
member choosing to speak has spoken.
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10. In the case of the committee of the whole, a subcommittee, or an ad hoc committee, a
council member may speak more than twice on a matter before that body, but only after every
council member choosing to speak has spoken.
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RULE NO. 22
LEGISLATIVE AUDITOR
1. The legislative auditor shall be appointed by the county clerk with the approval of the
council and such position shall be exempt from civil service laws and classifications.
2. The legislative auditor shall, at the discretion of the council:
(a) Assist committee chairs in the preparation and management of matters
brought before the respective committees.
(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 council.
3. Personnel assigned to the legislative auditor shall report to the legislative auditor and
shall comply with internal guidelines established by 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.
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RULE NO. 23
APPOINTMENTS
1. Qualifications. No council member shall appoint any person to any office or position
which is exempt from the civil service laws until satisfied by proper investigation that the person to
be appointed is fully qualified by experience and ability to perform the duties of that office or
position (Section 13-3, Hawaii County Charter).
2. Prohibitions.
(a) No person who seeks appointment or promotion with respect to any county
position shall directly or indirectly give, render or pay any money, service or
other valuable thing to any person for or in connection with their test,
appointment, proposed appointment, promotion or proposed promotion
(Section 13-] 0, Hawaii County Charter).
(b) No council or staff member who has the power of appointment by the
Hawaii County Charter or ordinance shall appoint, employ, promote or
advance an individual who is a relative of the council or staff member to any
office or position under their supervision.
The word "relative" shall mean an individual who is related to the council or
staff member as father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, step-
father, step-mother, step-son, step-brother, step-daughter, step-sister, half-
brother or half-sister (Section 13-10, Hawaii County Charter).
(c) No council or staff member shall use their official position to secure special
privileges, consideration, treatment or exemption to themselves or any person
beyond that which is available to every other person (Section 14-2(b),
Hawaii County Charter).
(d) No person in a supervisory capacity shall engage in personal or business
relationships with subordinates which might intimidate said subordinate, in
the discharge of their official duties (Section 14-4(b), Hawai`i County
Charter).
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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 the council and its committees under such rules and/or
conditions as the presiding officer may prescribe.
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RULE NO. 25
MANDATORY PROGRAM REVIEW
1. In 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 in
Sections 10-3 and 10-6, Hawaii County Charter, the committee may request
the departments or agencies for other information that would assist in its
review of the programs. Such information may include, but shall not be
limited to, the statutory authority for the program, program goals and
objectives, outcome results and a department or agency assessment of the
program's performance.
(c) The committee shall report its review and findings to the council for
consideration and funding.
(d) 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 research into a program in
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.
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RULE NO. 26
CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE
1. Certificates of merit, memorials, and expressions of condolence aze non-legislative in
nature and require no formal council action.
2. Memorials and expressions of condolence aze intended to convey the county's
condolences on the death of any exceptional public personality in or out of government who has
contributed in some way to Hawaii County or the State of Hawaii.
3. The sponsoring council 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 necessary
particulars. A certificate of merit shall include the name of the honoree and a brief description of
the act or achievement to be cited.
5. Certificates shall be issued to the honoree only. True copies of any certificate shall
not be issued to spouses, officers, sponsors or the like, who are not directly involved unless in the
case of an expression of condolence.
6. All certificates which do not have a major impact or which do not affect a significant
number of people, and aze 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.
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RULE NO. 27
BILLS AND RESOLUTIONS
1. General Procedures.
(a) A bill or resolution may be introduced by any council member(s). The
original copy of any bill or resolution shall be in typewritten form, dated and
signed by the introducers) prior 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.M. on the eleventh calendaz day preceding
the day of the committee meeting. Any bills, resolutions, petitions, and
communications received later than said time shall be placed on the agenda of
the next regulaz 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 introduced on the council floor by the
committee chair or the member introducing the legislation.
(d) Readings of bills or resolutions may be by title only, except that a full reading
may be required by one-third vote of the entire membership (Sections 3-9 and
3-10(a), Hawaii County Charter).
(e) Except by a majority 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 prepazation 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 meeting.
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2. Bills (Section 3-10, Hawaii Countv Charter).
(a) Ordinances shall be initiated as bills which shall be passed only afer two
readings on separate days except as otherwise provided by law. Reading of
bills may be by title only.
(b) Every ordinance of the council shall embrace but one subject, which subject
shall be expressed in its title. If an ordinance embraces a subject not
expressed in its title, only that subject shall be void.
(c) Bills embracing:
(1) The fixing of special assessments for the cost of improvements,
(2) The appropriation of public funds or authorization of the issuance of
general obligation bonds or
(3) The imposition of a duty or penalty on any person,
shall pass first reading by a vote taken by ayes and noes, and digests of such
bills shall be advertised once in at least two daily newspapers of general
circulation in the county, with ayes and noes, at least three days before final
reading by the council. Not less than three copies of such bills shall be filed
for use and examination by the public in the office of the county clerk at least
three days prior to the final reading thereof.
(d) A bill shall not be amended to change its original purpose. An amended bill
shall, upon aone-third vote of the entire membership, be laid over for at least
one week before final reading.
(e) A motion to reconsider made at the time any bill fails to pass final reading
shall not be voted upon until after twenty-four hours.
(f) Ordinances shall become effective upon approval by the mayor or at such
later date as may be specified therein.
(g) A bill may incorporate therein any standard technical code or portions thereof
by reference. The code, or portions, need not be published in the manner
required for ordinances, but not less than three copies thereof shall be filed
for use and examination by the public in the office of the county clerk, and
notice of the availability of said copies shall be published by the clerk.
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(h) After enactment, ordinances shall be published once in at least two daily
newspapers of general circulation in the county. Such publication shall be by
title only and shall specify the ayes and noes.
3. Emergency Ordinances (Section 3-11, Hawaii County 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 the borrowing of money or to grant, renew
or extend franchises. Emergency appropriations may be made pursuant to Section 10-8, Hawaii
County Charter.
Emergency ordinances shall be plainly designated as such and shall contain a
declaration describing the emergency in clear and specific terms. Any emergency ordinance may be
considered and adopted after one reading, with or without amendment, or be rejected at the meeting
at which the same is introduced. The affirmative vote of all council members present or by two-
thirds of the entire membership shall be necessary for adoption of such ordinances. Emergency
ordinances shall be published in the same manner prescribed for other adopted ordinances and shall
become effective upon approval by the mayor or at such later time, preceding automatic repeat, as
the same may specify.
Amendments to any emergency ordinance shall be adopted in the same manner
prescribed for adoption of emergency ordinances.
Every emergency ordinance, including any amendments made after adoption, shall
automatically stand repealed as of the sixty-first day following the date of adoption of the original
ordinance.
4. Submission of Bills to the Mavor (Section 3-12, Hawaii County Charted. 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 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 it. The
objections of the mayor shall be entered in the journal of the council and the council may, after five
and within thirty days after the bill has been so returned, reconsider the vote upon the bill. If the
bill, upon such reconsideration, is again passed by the affirmative vote oftwo-thirds of the entire
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membership, the presiding officer shall verify that fact on the face of the bill and such bill shall
become effective as an ordinance with like effect as if approved by the mayor. A bill failing to pass
upon such reconsideration shall be deemed lost.
If any appropriation bill is presented to the mayor, the mayor may veto any item or
portion thereof by striking out or reducing the same. The mayor shall append any objections and the
reasons 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
categories of formal resolutions:
(1) Official decision
(A) Resolution organizing the council and staff;
(B) Resolution delineating the council's rules of procedure;
(C) Resolution calling for moratoriums on parking meter usage,
traffic control, etc.;
(D) Resolution tendering assurance of participation for
certification requirements mandated by federal or state
agencies, e.g., HUD, block grants;
(E) Resolution approving multi-year leases, purchases, contracts,
etc.;
(F) Resolution amending the salary ordinance; and
(G) Resolution transferring funds.
(2) Legislative-like
(A) Resolution establishing real property tax rates;
(B) Resolution authorizing eminent domain proceedings;
(C) Resolution revising county fuel tax rates;
_qt _ 12/2/02
(D) Resolution relating to the abandonment or disposition of
county lands;
(E) Resolution on initiative and referendum proceedings; and
(F) Resolution calling for the inclusion of charter amendment
proposals at the next general election.
(3) Official request or opinion
(A) Resolution requesting information or a study to be conducted;
(B) Resolution calling for state or federal action; and
(C) Resolution to a department head requesting information or
review of a specific issue or item.
(b) Informal Resolutions. Generally address subjects having less impact than
formal resolutions and aze categorized as follows:
(1) Automatic
(A) Resolution honoring retiring county elected officials; and
(B) Condolence resolution on the death of any incumbent county-
elected official.
(2) Optional. A council member may introduce the following kinds of
optional resolutions.
(A) Condolence resolution on the death of former elected or top
level appointed office holders in the county, state or federal
government, but not spouse of or relative thereof; and
(B) Condolence resolution on the death of any exceptional public
personality in or out of government who has contributed
significantly in some way to Hawaii County or the State of
Hawaii.
_ q2 _ t 2/2/02
RULE NO. 28
PARLIAMENTARY AUTHORITY
When these rules aze silent, the rules of pazliamentary procedure contained in the current
edition of Robert's Rules of Order Newly Revised shall govern the council and its committees in all
cases to which they aze applicable and in which they are not inconsistent with any constitutional
provision, any law, the Hawaii County Charter or these rules.
_ qg _ 12/2/02
RULE N0.29
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 regazd 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 prior to the call to order for any council meeting. The chair shall approve the selection of
the minister.
3. 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 in, delivering the invocation. The participants on the
list will be called rotationally so that no one individual is asked to say the invocation more than a
few times per year. 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. This program of invocation shall be non-denominational.
_ qq _ 12/2/02
RULE NO. 30
SEVERABILITY
If any rule contained herein is in conflict with the provisions of the U.S. Constitution, State
Constitution, Hawaii Revised Statutes, Hawaii County Charter, or the Hawaii County Code, such
rule shall be deemed invalid. Such invalidity shall not affect other rules contained herein which,
otherwise, can be given effect without the invalid rule, and to this end these rules are severable.
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