HomeMy WebLinkAboutCOM 0497.000 2004-2006
CONSTANCE R. KIRIU wor WILLIAM E. SMITH
Deputy Counp~ Clerk
County C7erA lily,
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County of Hawai `i
Office of the County Clerk ;
25 Aupuni S(ree!
lliio, Hawaii 96720
Te(ephane B08) )67-R2.i5 Facsimile: (AOY) JG(-~Y972
October 23, 2005
TO: Council Chair Stacy K. Higa
And Council Members
FROM: Constance R. Kiriu(~;.(~~
County Clerk
RE: Council Member .Tacobson's Request for Reconsideration
Bill No. 132
'T'his is to respond to Council Member Jacobson's memorandurn dated October 20, 2005,
requesting reconsideration of Bill 132 pursuant to Rule No. 17, Rules of Procedure of the
Council of the County of Hawaii.
Rule No. 17 reads, in part, as follows:
~'hcn a motion has been made and carried in the affirmative ox negative, any Council
Member voting with die majority may move for a reconsideration of the vote on the tnodon
ar the same meeting or at the next regular meeting.
STATEMENT OF FACTS
l . On October l8, 2005_ the Council considered Bill No. 132, which was a capital projects
appropriation requiring an affirmative vote of at least two-thirds of the entire membership
for adoption.
2. At Icast six council members would have to vote in the affirmative to carry a motion to
adopt Bill No. 132.
3. According to the roll call vote, there were tive ayes (Higa, Hoffmann, Holschuh,
Jacobson, Pilago), three noes (Arakaki, Ikeda, Isbell), and one excused (Safarik).
Comm. No. 1
Ref. To:
Ref, irate OCT 2 4 2005
Narvai'r Count) ~ is An F.qual Opportuniq~ Procide~' And Emplgver
October 24, 2005
Page 2
4. The motion reyuiring six affirmative votes `did not pass', `was lost', `was defeated' or, it
could be stated, `carried in the negative.'
COUNCIL RULES AND ROBERT'S RULES OF ORDER
What then constitutes a majority in this situation?
The answer can be found in Robert's Rules nfOrder-Newly Revised- IO~h Edition (§37, page
304-305), which states, in part:
Recoiz~i~ler-a motion of tlmerican origin-enables a majority in an assembly, within a
limited time and without notice, to bring back for further consideration a motion which has
already been voted on. The purpose of reconsidering a vote is to permit correction of hasty,
ill-advised, or erroneous action, of to cake into account added information or a changed
situation that has developed since the taking of the vote.
"I'o provide both usefulness and protection against abuse, the motion to Kero~ziidei' has
the following »nique d~ar'adert-itiu:
a) It can be made onlc by a member who voted with the~xevailing side. In
other words n mconsidetRdon cnn be moved only by one who voted a~if the motion
incolvcd w~~s adopted or no if the motion was lost It should be noted that it is possible
for 'r minotih~ m be the prevailing side if a motion requiring ~ hvo-thirds vote Eot adoption is
lost emphasis underlined and added]
Thus, the `majority' in this situation refers to the prevailing or winning side, which constitutes
the three members who voted `no'. To rule otherwise would not be constructive and would
abuse the Council's adopted procedures.
CONCLUSION
Based upon the above discussion, citations, and analysis, Council Member Jacobson's request
for reconsideration of Bill No. 132 is not in order.
Should you have any questions, please feel free to contact me at 961-8271.
BOB JACOBSON t• ar Phone No.: (808) 961-8263
Council Memher ~~~~te Fax No.: (80S) 961-8912
E-Mail: Jacobs@hgea.org
'
„•~~N'~
HAWAII COUNTY COUNCIL
County of Hawaii
//awai'i Cmenty Building ,
ZS Aupuni Street, Suite 209
Vila. Hawaii 96720 _
TO: Stacy K. Higa, Chair
Hawaii County Council
r
FROM: Bob Jacobson
Council Membe~~
DATE: October 20, 2005
SUBJECT: Reconsideration of Bill 132
The purpose of this letter is to hereby request, pursuant to Rule No. 17 Rules of Procedure of the
Council of the County of Hawaii, that a motion be made to reconsider Bill 132, which failed to
pass first reading with the required two-thirds vote on October 18, 2005.
In the Council's initial vote on Bill 132, I voted "aye", along with four other Council members.
Therefore I may move for reconsideration, pursuant to Rule No. 17, which states that "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."
If you have any questions, please call me.
District 6 -Upper Puna, Ka'u, and South Kona
Hawaii County /s An Equal Opportunity Provider And Employer