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Home My WebLink AboutRES 121 Draft 01 2004-2006 MYY Os hu ~~L~ •.V 1a4; COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 121 U5 A RESOLUTION AMENDING THE ADOPTED RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII WHEKF.AS, the Rules of Procedure of the Council of the County oft{awai`i were adopted by Resolution No. 4-04 on December 6, 2004, and were further amended by Resolution No. 99-OS on June I, 2005; and, WHEREAS, the purpose of this amendment is to change the current procedure regarding public statements and testimony for items on the Order of Business; and, WHEREAS, the present practice and agenda established by rule provides the public the opportunity to give testimony only near the beginning or at the end of the agenda; and, WHEREAS, the present practice and agenda established by rule is inconvenient for members of the public, causing them, on occasion, to wait all day to give testimony; and, WHEREAS, giving advance notice of approximate time of testimony and agenda items may allow the public to be present throughout debate and decision making; and, WHEREAS, hearing public testimony by the Council immediately before a specific agenda item is to be taken up will mean the matter will be fresh in the minds of the Council members: and, WHEREAS, testimony before a specific agenda item may allow greater public influence on decision making; and, WHEREAS, the Council wishes to amend the Rules by providing time for public testimony as it relates to items on the Order of Business, in a more timely and relevant manner; and, WHEREAS, the Council wishes to amend the Rules by changing Rule 18 to provide time for public testimony in a timely and relevant manner, as it relates to items on the Order of Business: and, WHF,REAS, a further purpose of this amendment is to change the current provision regarding the number of copies of written testimony to be submitted prior to the convening of the Committee or Council meeting to allow aCommittee/Council Board to be made available for public inspection; and WHEREAS, the number of copies of written testimony to be submitted shall be increased from fifteen (I S) copies to sixteen (16) copies in order to allow for this public accommodation: and, WHEREAS, the final purpose oft is amendment is to change the current procedure regarding public statements and testimony for non-agenda items; and, WHEREAS, there is no provision of the Sunshine Law that requires the Council to allow public testimony on matters outside he agenda; and, WHEREAS, the Sunshine Law pr hibits Council members from discussing, deliberating, or deciding matters that are n ton the agenda; and, WHEREAS, the Council wishes t amend Rule 15 by deleting Rule 15-2(i) regarding items not on the agenda; and, WHEREAS, Rule No. 19 of the R les of Procedure and Organization of the Council of the County of 1-Iawai`i provides that the Council may amend the Rules. NOW, THEREFORE, ~3E IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the attache amended Rule 15 and Rule 18 are hereby adopted and shall be incorporated in the Rules of P ocedure and Organization of the Council of the County of Hawaii, as amended on June 1, 2005, to govern the affairs of the Council. BE IT FURTHER RESOLVED at copies of the amended Rules of Procedure and Organization of the Council of the County f Hawaii be made available for the public to view. Dated at Hilo ,Hawaii, this 7thd y of July , 2005. I TRODUCED BY: CO NCIL MBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES Ass Ex H110, Hawal`1 ARAKAK[ HIGA X I hereby certify that the foregoing RESOLlJT10N was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNC[L of the Count of Hawaii on _,7u1 I-IOLSCHUH X y _ ~7~ 2.0 0.5 IKEDA X ISBELL ATTEST: JACOBSON X PILAGO X SAFARIK p,~ 6 3 0 0 ,I, ~-ti Reference: C-322/Waived FC _ COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~l.,a? RULE N0. 15 PUBLIC STATEMENTS AND TESTIMONY 1. Written testimony. Written tes>timonies shall be received for the record on any agenda item. If possible, sixteen 16 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 listed 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 Chair. (c) Each person must speak at the time of calling, unless the Chair determines 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 Chair and not to any individual Council Member or person in the audience. (g) All members of the putdic 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. (h) Any person, not a member of Council, who is 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 Chair. [C Fl+n nn.l nF YL.n !`n. ~nn~l n. ('n...... ~FFnn L.. ~ninnnn ~ ~L.;nnY Yn FI+...1'nn.nYnn nF Fl+n I"M-,'. ...I YMn.-.. Ins l {{9j] ~ Any person who does not abide by these rules may be ruled out of order by the Chair. 3. Nothing in this rule shall diminish the responsibility or the authority of the Chair to maintain order and decorum. -1- RULE N0. 18 ORDER OF BUSINESS 1. Subject to the discretion of the Chair and prior to the Call to Order, an invocation may be delivered in accordance with Rule 29. 2. 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, G~mmunications, Certificates of Merit and Expressions of Condolence 6. Order of Resolutions [8] 7. Bills for Ordinances (First Reading) [9] 8. Order of the Day (Second or Final Reading) [3~] 9. Reports [3~]lO.Referrals for Executive Session [#~]ll.Other Business [34] 12.Announcements [ij]13.Adjournment 3. The Chair shall schedule Statements from the Public throughout the Order of Business to increase convenience for the public who wish to testify or to be present for Council debate and decision-making. -2-