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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 4
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 4th day of December 2006.
INTRODUCED BY:
COUNCIL BER, CO Y OF AWAI`I-
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii Aves Noes ABS Ex
Hilo, Hawaii FORD X
HIGA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X
County of Hawaii on December 4. 2006
JACOBSON X
NAEOLE X
ATTEST: P[LAGO X
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YOSHIMO"f0 g
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Reference: C-1
COUNTY CLERK HAIRMA 1D[NG OFFICER RESOLUTION NO. 4 ( I
RULES OF PROCEDURE AND ORGANIZATION
OF THE
COUNCIL OF THE COUNTY OF HAWAII
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RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY HAWAII
TABLE OF CONTENTS
Page
RULE NO. 1 INITIAL CONVENING OF THE COUNCIL ............................................................1
RULE N0. 2 MEETINGS .....................................................................................................2
RULE N0. 3 QUORUM .......................................................................................................4
RULE NO. 4 OFFICERS AND THEIR DUTIES 5
RULE NO. 5 COUNTY CLERK 7
RULE NO. 6 COMMITTEES 8
RULE NO. 7 STANDING COMMITTEES 10
RULE N0. 8 SUBCOMMITTEES 12
RULE N0. 9 AD HOC COMMITTEES 13
RULE NO. 10 COMMITTEE OF THE WHOLE 14
RULE NO. 11 COMMITTEE REPORTS 15
RULE N0. 12 VOTING 16
RULE N0. 13 DISCLOSURE OF INTEREST 19
RULE N0. 14 PETITIONS 20
RULE NO. 15 PUBLIC STATEMENTS AND TESTIMONY 21
RULE N0. 16 MOTIONS 23
RULE N0. 17 RECONSIDERATION 25
RULE N0. 18 ORDER OF BUSINESS 26
RULE NO. 19 AMENDMENTS AND REVISIONS 27
RULE N0. 20 SUSPENSION OF RULES 28
RULE N0. 21 ORDER AND DECORUM 29
RULE N0. 22 LEGISLATIVE AUDITOR 30
RULE N0. 23 APPOINTMENTS 31
RULE N0. 24 NEWS MEDIA 32
RULE N0. 25 MANDATORY PROGRAM REVIEW 33
RULE N0. 26 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE . 34
RULE N0. 27 BILLS AND RESOLUTIONS 35
RULE NO. 28 PARLIAMENTARY AUTHORITY 40
RULE NO. 29 INVOCATION 41
RULE NO. 30 SEVERABILITY 42
RULE NO. 31 DEPUTY COUNTY CLERK .......................................................................................43
RULE NO. 32 LEGISLATIVE RESEARCH BRANCH ........................................................................44
RULE NO. 33 COUNCIL MEMBERS, STAFF AND ALLOWANCES ..................................................45
RULE N0. 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 and Presiding Office shall be elected, the Mayor shall
preside at such meeting, provided that the Mayor shall not have a vote. (Section 3-6, Hawaii
County Charter)
2. The Mayor shall call the meeting to order and appoint a temporary Clerk.
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-elect. If 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 effective January 1, 2007, the county
council shall hold an equal number of Committee and Council meetings in East Hawaii and in
West Hawaii, subject to the council's approval of adequate personnel, equipment, and support
services to comply with statutory, legal and processing deadlines. This meeting schedule shall
remain in effect at least through the 2007 calendar year. This schedule may be subject to review
in December 2007 at the discretion of the Council. Videoconferencing shall be provided for all
Committee and Council meetings held in West Hawaii. Notwithstanding Section 3-7, Hawaii
County Charter, the second regular monthly meeting of the Council may be in a location other than
Hilo.
2. Special Meetings. Except as otherwise provided by law, special meetings may be
called by the Chair or a majority of the Council. The date, time and place of such meetings shall
be 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 the 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), Hawaii 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 least six (6) days notice to the public and Council Members, provided
the Committee Chair is consulted about the scheduling or rescheduling of a Committee meeting.
The Council Chair shall promptly notify all Council Members and the County Clerk by written
memorandum as to the scheduling or rescheduling of any such meetings.
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If a holiday occurs on Monday of the week scheduled for Committee and Council
meetings, those meetings may be moved to Wednesday and Thursday, respectively.
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 closed meeting to consider such matter; however, any official action resulting therefrom
shall be acted upon in an open meeting in accordance with Section 13-20(b), Hawaii County
Charter.
6. Emergencv 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 are 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 to Council Members 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 Council or Committee
Chair. If a Council Member is sick and/or unable to attend a meeting, prior written notice shall be
given to the Council or Committee Chair whenever possible.
9. Recesses. Notwithstanding the need to occasionally call for short recesses or lunch
breaks, when there may be unusual circumstances for the Chair to call for a recess, the Chair shall
announce the anticipated length of the recess and time of reconvening.
10. Videoconferencing of Meetings. Videoconferencing may be implemented for regular
Council meetings to reduce travel time for the public and to facilitate public accessibility to and
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participation in Council meetings. Meetings held by videoconference shall be held in accordance
with Section 92-3.5, Hawaii Revised Statutes.
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RULE N0. 3
UO ORUM
1. A majority of the entire membership of the Council or a committee shall constitute a
quorum for meetings, but a smaller number may adjourn from time to time, and may compel the
attendance of absent members. (Section 3-7, Hawaii County Charter)
The term °entire membership", as it pertains to Council voting, means the entire
membership of nine members even if there are vacancies. (Section 3-7, Hawaii County Charter)
2. In the absence of a quorum, a meeting may not be convened except for the
purpose of either recessing the meeting to another date, time and location certain or publicly
adjourning the meeting due to a lack of quorum.
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RULE NO. 4
OFFICERS AND THEIR DUTIES
1. Officers. 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.
2. Presiding 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 Tempore 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 ads of the Council as
required.
(f) Receive all reports, communications, bills, resolutions, and other items from
the public, the Mayor, various departments of the government, and
individual Council Members, and immediately make the proper referrals of
these matters to the Council or to the appropriate Committee Chair(s). All
communications shall be numbered and made available to the public, except
as otherwise provided by law. (Section 13-20(a), Hawaii County Charter)
(g) Authorize (approval or deny) requests for items to be waived to the Council
agenda upon written approval of the Committee Chair.
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(h) Provide for the coordination of all meetings, functions, and legislative and
administrative activities of the Council, and assure 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 to 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.
(I) 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), Hawai i 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 N0. 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. Duties. 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 charge 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) Forward 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 Chair, 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 N0. 6
COMMITTEES
1. Type. There shall be four (4) types of committees:
(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 or Co-Chairs 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. Purpose and Dutv. The purpose of the committees is to expedite the business of
the Council by permitting committees to go into details on specific matters. It shall be the duty of
the standing committees to consider and make recommendations on matters referred to such
committees.
4. 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.
5. 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 Committee Chair or by a majority vote of the committee and may be
held in the area or district affected.
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6. Committee Chair.
(a) The Chair of each committee shall preside at all meetings, and prepare and
be responsible for agenda and reports for each meeting.
(b) In the absence of the Committee 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 matters
required by law for Council action, bills, and resolutions shall be placed on
the committee agenda within the two scheduled meetings of the date of the
referral.
(d) At the written request of any Council Member, the appropriate Committee
Chair shall place a requested item(s) on the agenda within the next two
scheduled committee meetings.
(e) Upon a written request and with the written concurrence of the appropriate
Committee Chair, the Council Chair may authorize any item to be waived
from the committee directly to the Council agenda.
7. 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 six (6) standing committees as follows:
(a) Committee on Finance
(b) Committee on Planning
(c) Committee on Public Works and Intergovernmental Relations
(d) Committee on Public Safety and Parks and Recreation
(e) Committee on Human Services and Economic Development
(f) Committee on Environmental Management
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) 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, data systems, procurement policies, and personnel
transactions.
(2) Matters related to the establishment of the annual county operating
and capital budgets, including the setting of real properly tax rates.
(b) Committee on Plannino:
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 Interaovernmental 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 drainage, public utilities, traffic control, sign regulations,
and beautification.
(2) Matters related to public transportation/mass transit.
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(3) Matters related to state and 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 Public Safety and Parks and Recreation:
(1) Matters related to police and fire protection, civil defense, liquor
control, animal control, and the prosecuting attorney.
(2) Matters related to parks and recreation, youth activities, and elderly
activities.
(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, social service agencies, and non-
profit programs.
(f) Committee on Environmental Management:
Matters related to the protection, preservation, and enhancement of the
environment, management of solid and hazardous waste, wastewater, and
recycling 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. Pur ose. 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. Meetings. 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 file a brief written 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 NO. 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. Meetin s. 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, the Committee of the Whole 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
researched and, as may be permitted by law, everything done to bring all facts pertaining to such
matters before the Committee.
3. The report of a Committee on any matter 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 resolution shall state clearly the
amendments, if any are proposed; however, no bill or resolution may be amended so as to change
its original purpose.
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 separate Committee report. In the event that Committee members
are evenly divided on any question or if the question does not receive a majority vote due to
members in absentia, 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 forwarded to the Council with a Committee report to be duly adopted by the
Council.
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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 and motions that amend the main motion, all voting
shall be by roll call vote.
3. On procedural motions and motions to amend the main motion, 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 clear 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." After all the members have voted, the Committee Chair or Clerk, as the
case may be, will again ask any members who voted "kanalua" to give a voice vote. If the voting
member again votes "kanalua," the vote shall be recorded as an "aye" vote.
7. No member shall refrain from voting unless excused by the Chair 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.
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.
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(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 because of
the Chair's decision to recuse a member from voting due to a conflict of
interest, 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) Apply the proceeds from the issuance of County bonds for purposes other
than those for which such bonds were initially issued (Section 47-5, Hawaii
Revised Statutes);
(b) Override the mayor's veto (Section 3-12, Hawaii County Charter);
(c) Authorize the employment of special counsel (Section 6-2.5, Hawai i County
Charter);
(d) Make an emergency appropriation by ordinance (Sections 3-11 and 10-8,
Hawai i County Charter);
(e) Amend the capital budget (Section 10-6(d), Hawai'i County Charter);
(f) Cut off debate by a motion to the previous question;
(g) Revise or suspend these rules; or
(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, of two-thirds of the members present, provided the affirmative
vote constitutes a majority of the members to which the Council or Committee is entitled. (Section
92-4, Hawai i Revised Statutes)
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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 N0. 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 interest in a business,
(2) a creditorinterestin an insolvent business,
(3) an employment, or prospective employment, for which negotiations
have begun,
(4) an ownership interest in real or personal properly,
(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.
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 relating 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, 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 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.
(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.
(i) Any person who does not abide by these rules may be ruled out of order by
the Chair.
_22_
3. Nothing in this rule shall diminish the responsibility or the authority of the Chair to
maintain order and decorum.
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RULE N0. 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 Chair. Motions and amendments 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.
(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
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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. Adiournment. 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 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 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 regular
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 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, Communications, Certificates of Merit and Expressions
of Condolence
6. Order of Resolutions
7. Bills for Ordinances (First Reading)
8. Order of the Day (Second or Final Reading)
9. Reports
10. Referrals for Executive Session
11. Other Business
12. Announcements
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~_
RULE NO. 19
AMENDMENTS AND REVISIONS OF THE RULES OF PROCEDURE
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 are 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.
_Zg_
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 Chair before speaking. The member
shall address the Chair when recognized and shall confine discussion to the question under debate
and avoid personalities.
3. Any Council Member who arrives 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 Chair shall order such member to cease and shall
preserve the peace. If the Council Member persists, the Chair 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 Chair 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 Chair, 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 Chair to do so. (Alternative, move for recess.)
8. Nothing in this rule shall diminish the responsibility or authority of the Chair 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 Chair, 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.
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 N0. 22
LEGISLATIVE AUDITOR
1. The Legislative Auditor shall be appointed by the County Clerk with the approval of
the Council. Such position shall be exempt from civil service laws and classifications.
2. The Legislative Auditor shall, at the discretion of the Council:
(a) Be responsible for the procurement of an Independent Certified Public
Accountant to conduct a post audit of the financial transactions of the
County.
(b) Assist the Council in the adoption of the annual budget.
(c) Be responsible for all projects assigned or requested by the Council by
resolution.
(d) Conduct performance and financial audits of the funds, programs and
operations of any agency or operation of the County when requested by
resolution. All audits shall be conducted in accordance with governmental
auditing standards.
(e) Initiate audits, evaluations or special studies as the Auditor determines may
be warranted.
3. Personnel assigned to the Legislative Auditor shall report to the Legislative Auditor,
be exempt from civil service laws and classifications, and comply with internal guidelines
established by the Legislative Auditor.
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RULE N0. 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 13-10, Hawai i 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 Chair
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 Chair may prescribe.
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RULE N0. 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 N0. 26
CERTIFICATE OF MERIT MEMORIALS, AND EXPRESSIONS OF CONDOLENCE
1. Certificates of merit, memorials, and expressions of condolence are non-legislative
in nature and require no formal Council action.
2. Memorials and expressions of condolence are 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 Member 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 are received less than six (6) days before the regular meeting date of the
Council, may be considered at such meeting.
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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
calendar 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 regular meeting.
(c) Upon compliance with the mandated six (6) calendar day posting notice,
bills, resolutions and matters requiring Council action shall be placed on the
Council agenda within the next two Council meetings. Bills, resolutions and
matters requiring Council action shall be 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 preparation and distribution to each
Council Member present.
(f) A bill or resolution up for final reading which has been the subject of a
substantive floor amendment at that meeting shall not be acted upon until
the next regular meeting.
2. Bills (Section 3-10, Hawaii County Charter).
(a) Ordinances shall be initiated as bills which shall be passed only after two
readings on separate days except as otherwise provided by law. Reading of
bills may be by title only.
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(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.
(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, Hawai i County Charter). 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,
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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 shalt 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 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 Countv Charter). Every bill
adopted by the Council shall be duly authenticated by the Clerk and the Chair 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 of two-thirds of the
entire membership, the Chair 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 of two-thirds of the entire
membership.
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In the case of the annual operating budget, the Mayor shall return the bill to the
Clerk within ten (10) calendar days of receipt of the bill. (Section 10-5, Hawaii County Charter)
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;
(D) Resolution relating to the abandonment or disposition of county
lands;
(E) Resolution approving a development agreement;
(F) Resolution on initiative and referendum proceedings; and
(G) 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
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(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 are 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) O
t~ Tonal. 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.
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RULE N0. 28
PARLIAMENTARY AUTHORITY
When these rules are silent, the rules of parliamentary 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 are applicable and in which they are not inconsistent with any constitutional
provision, any law, the Hawaii County Charter or these rules.
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RULE NO. 29
INVOCATION
1. For the purposes of this rule, the following definitions apply:
(a) "Church" shall mean body, group or organization of religious believers.
(b) "Invocation" shall mean a prayer or entreaty to a higher authority.
(c) "Minister" shall mean one who officiates over or leads a church worship
service.
(d) "Non-denominational" shall mean without regard to the tenets of a particular
church.
2. Subject to the discretion of the Chair, an invocation may be delivered by a minister
of a church 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.
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RULE N0. 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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RULE N0. 31
DEPUTY COUNTY CLERK
1. Deputy County Clerk. The Deputy County Clerk shall be appointed by the Clerk,
approved by the Council, and shall serve at the pleasure of the Council under the supervision of the
Clerk. Such position shall be exempt from civil service laws and classification.
2. Duties. The Deputy County Clerk shall, at the discretion of the Council:
(a) Assume the duties of the County Clerk in the Clerk's absence.
(b) Serve as the Director of the Legislative Research Branch.
(c) Oversee the Office of Council Services composed of the divisions of Clerk
Services-Council, Clerk Services-Committees, Reprographics, Administrative
Services.
(d) Perform other duties as may be assigned by the Council or Clerk.
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RULE NO. 32
LEGISLATIVE RESEARCH BRANCH
1. The Legislative Research Branch (LRB) is established to assist the Council in
exercising its legislative power. The purpose of the LRB shall be to:
(a) Conduct impartial research and analysis, including legal research, as may be
necessary for the enactment or consideration of substantive legislation upon
request by the Council, its Committees, or Council Members, or on its own
initiative.
(b) Serve in an advisory or a consultative capacity to the Council, its
Committees, and Council Members on all matters within its competencies
and responsibilities.
(c) Assist with the revision, codification and publication of ordinances to the
Hawaii County Code.
(d) Assist in the preparation of the annual report for the Council.
(e) Review legislation initiated by an individual Council Member as to its proper
form.
(f) Coordinate orientation sessions for Council Members and staff.
(g) Perform other duties as may be assigned by the Council.
2. Personnel assigned to the LRB shall report to the Deputy County Clerk, be exempt
from civil service laws and classifications, and comply with internal guidelines established by the
Deputy County Clerk and the Clerk.
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RULE NO. 33
COUNCIL MEMBERS, STAFF AND ALLOWANCES
1. Each Council Member shall have direct responsibility over the respective district
staff.
(a) It shall be the duty of the Council Member to supervise his/her district staff,
including hiring, termination, promotion, and salary increase in accordance
with the applicable provisions of the state and county laws, Council Rules,
other personnel policies of the Council and the County, and the limitations of
the legislative budget ordinance. District staff are °at will" employees whose
employment shall be co-terminus with the appointing Council Member unless
personnel action to the contrary is initiated. The County Clerk may also
initiate termination with the concurrence of the Chair to assure proper
management of the entire Council Office using agreed upon guidelines and
procedures. The Chair of the Council shall continue to sign all documents
necessary to implement the decisions of the individual council members.
(b) Each Council Member is assigned two full time staff:
(i) Council Aide.
(ii) Council Legislative Assistant.
(c) The chair is assigned four additional full time staff:
(i) Executive Assistant to the Chair (EA).
(ii) Deputy Executive Assistant to the Chair-East/West Hawaii (EA).
(iii) Special Assistant.
(iv) Council Aide to the Chair, in addition to subsection 1(b).
(d) Only one person per position shall be permitted.
(e) Staff responsibilities include, but are not limited to, the following:
(i) Office tasks;
(ii) All work related to the individual council members, including drafting
bills, resolutions, and proposed amendments, and conducting
research on topics and issues required by the Council Member;
(iii) Performing special assignments, responding to letters, complaints
and telephone inquiries, gathering data or appropriate information in
order that the Council Member may respond to requests from
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constituents, preparing messages, articles and news releases,
facilitating meetings with the community;
(iv) Providing committee support if the council member is the chair of a
committee. Committee support means attending the committee
meeting, writing the committee report for the chair's approval,
drafting legislative amendments, and conducting necessary research
to assist the committee in its deliberations. Committee Chairs and
Vice Chairs shall be responsible for the duties of the committee;
(v) Assisting other Council Members if approved by the appointing
Council Member;
(vi) Assisting other divisions of the office if approved by the appointing
Council Member with the concurrence of the County Clerk.
(f) In fairness to the existing employees as of June 30, 2005, whose salary
exceeds the amount established in the Salary Ordinance of 2005, the
salaries of said employees shall not change until such time as the employee
vacates the position or a new Council Member takes office, whichever occurs
first.
2. Each Council Member shall have direct responsibility over the District Allowance
Expense (DAE) account.
(a) Each Council Member shall be appropriated $7,500 in a DAE to cover
incidental expenses in carrying out his/her duties as an elected official.
Incidental duties and activities include expenditures incurred in connection
with carrying out the public's expectation of a Council Member's role and
responsibility to the community and constituents. In an election year (]uly-
December), the Council Member shall be allotted 50% of the appropriation.
The remaining 50% (January-June) shall be allotted in January.
(b) Allowable DAE include, but are not limited to:
(i) Community meeting expenses such as facility rental fees, charges for
maintenance or security services, light refreshments, special mailings
or handouts, leis for speakers, and the rental of special equipment.
(ii) Leis for recipients of honorary certificates and frames for honorary
certificates.
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(iii) The purchase of research or reference materials, publication
subscriptions, or other materials related to legislative issues or
procedures.
(iv) NACo, WIR, HSAC, conference or seminar registration fees, including
travel and accommodation costs associated with the conference or
seminar attended. All travel expenses shall have the concurrence of
the Chair.
(v) Miscellaneous office supplies, equipment or materials. All purchases
must follow the procurement law and be domiciled in the Council
Members' office. Equipment and supplies are the property of the
County.
(vi) The expenses of his/her staff.
(vii) Monthly cell phone reimbursement not to exceed $75.00 per month.
(viii) Joint district expenditures for allowable expenses are permitted.
(c) Each Council Member shall be personally responsible to pay any expenses
incurred in support of the conduct of official duties and activities that exceed
the $7,500 allowance and those expenses that are deemed prohibited.
(d) Prohibited expenses include, but are not limited to:
(i) Personal, political or campaign related expenses, and those spent
outside of the scope of a council member's official duties and
activities. Please review the ethics code and the campaign spending
laws.
(ii) Donations to community organizations or transfers to County
agencies.
(iii) Transfers between the DAE and Contingency Relief accounts are
prohibited.
(iv) Transfers from a district account to other district accounts are
prohibited.
(e) The expenses of the HSAC executive committee member or the official NACo
or WIR board member shall be drawn from the general accounts.
(f) The expenses for the attendance of a council member at committee and
council meetings and public hearings shall be drawn from the general
accounts. Similarly, the reasonable expenses for the attendance of the
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district staff to support the committee chair shall be drawn from the general
accounts with the concurrence of the County Clerk.
3. Each Council Member shall have direct responsibility over the District Contingency
Relief account.
(a) Each Council Member is allotted $100,000 in annual contingency relief, when
appropriated in the General Fund, to provide for county related projects.
(b) In an election year (July-December), the Council Member shall be allotted 50% of
the appropriation. The remaining 50% (January-June) shall be allotted in January.
(c) Expenditures shall be transferred to County agencies using the appropriate
legislative mechanisms for the benefit of the agencies to provide for the public.
(d) All purchases of equipment must follow the procurement law and be domiciled in
the County Departments. Equipment, supplies and products are the property of the
County.
(e) Transfers between the DAE and Contingency Relief accounts are prohibited.
(f) Transfers from a district account to other district accounts are prohibited.
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