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HomeMy WebLinkAboutRES 055 Draft 01 2006-2008 qtr o. •,4 COUNTY OF HAWAII w'.• STATE OF HAWAII 7'Iry•nr:N~:?J RESOLUTION NO. 'S ~ ~ A RESOLUTION AMENDING RESOLUTION N0.4-06, ADOPTING RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, on December 4, 2006, the council in Resolution No. 4-06 adopted Rules of Procedure and Organization of the Council of the County of Hawaii governing the affairs of the council; and WHEREAS, the council wishes to amend its rules to facilitate effective and efficient procedure and organization of the legislative branch of the County of Hawaii; and WHEREAS, the council wishes to amend its rules by amending Rule No. 2, Meetings, Rule No. 16, Motions, and Rule No. 27, Bills and Resolution; repealing Rule No. 22, Legislative Auditor, Rule No. 31, Deputy County Clerk, and Rule No. 32, Legislative Research Branch; and replacing the word "Chair" with the word "Chairperson" throughout the Rules of Procedure and Organization of the Council of the County of Hawaii; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the attached amendments to the Rules of Procedure and Organization of the Council of the County of Hawaii are hereby adopted; and BE IT FURTHER RESOLVED that Rule No. 22, Legislative Auditor, Rule No. 31, Deputy County Clerk, and Rule No. 32, Legislative Research Branch are hereby repealed; and BE IT FINALLY RESOLVED that the word "Chair" is hereby replaced with the word "Chairperson" throughout the Rules of Procedure and Organization of the Council of the County of Hawaii. Dated at Kona , Hawaii, this 22nd day of February , 2007. INTRODUCED BY: COUNCIL E R, CO W I`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EORD X HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X County of Hawaii on February 22, 2007 JACOBSON X NAEOLE X ATTEST: PILAGO X YAGONG X YOSHIMOTO X ~ 5 0 4 0 ` Reference: C-134/PWIRC -7 COU~RK CHAI AN SIDI GOFFICE RESOLUTION NO. '~'S t~~ ~ , 2 RULE NO.2 MEETINGS 1. Reeulaz Meetings. The Council shall meet regularly at least twice in every month at the place and time designated by the Council. Whenever possible, the meetings will be scheduled on the first and third Wednesday of each month at 9:00 A.M. Effective January 1, 2007, the Council shall hold an equal number of Committee and Council meetings in East and 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 calendaz year and may be subject to review in December 2007 at the discretion of the Council. Whenever possible, videoconferencing shall be provided for all Committee and Council meetings. 2. ~ecial MeetinQS. Except as otherwise provided by law, special meetings may be called by the Chairperson or a majority of the Council. (a) Whenever possible, the date, time, place and specific purposes of such meetings shall be announced prior to adjournment of a regular meeting. If not announced at a regular meeting, written notice must be filed in accordance with HRS § 92-7 and § 13-20 (c) of the Hawaii County Charter. (b) An agenda for the special meeting shall be posted outside the Council offices and, if possible, on the website. 3. Committee Meetings. Except as otherwise provided, those standing committees having referrals shall meet on the day preceding a regulaz Council meeting or at other places and/or times designated by the Council. 4. Scheduling. The Council Chairperson shall be authorized to schedule or reschedule the location, time, date and/or subject matter of 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 Chairperson is consulted about the scheduling or rescheduling of a Committee meeting. The Council Chairperson 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 HRS § 92-5, 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 resultant official action shall be acted upon in an open meeting in accordance with § 13-20(b), Hawaii County Charter. Attachment -Page 1 6, Emereencv Meetin¢s. If the Council finds that an imminent peril to the public health, safety, or welfaze requires a meeting in less time than is provided for in HRS Chapter 92, 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. 7. Sine Die. Sine Die is the last scheduled meeting of an outgoing Council and is not considered a regular meeting. (a) Only resolutions shall be allowed on the agenda. (b) No other legislative proceedings shall be allowed with the exception of addressing emergencies. (c) The meeting shall start at 9:00 a.m. at a location designated by the Council Chairperson. 8. Availability of Agenda to Council Members. Except as otherwise provided by law, the agenda and pertinent documents for a regulaz meeting of the Council or a Committee shall be made available to Council Members at least seven (7) calendaz days prior to the meeting. 9. 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 Chairperson. If a Council Member is unable to attend a meeting, prior written notice shall be given to the Council or Committee Chairperson whenever possible. 10. Recesses. Notwithstanding the need to occasionally call for short recesses or lunch breaks, when there may be unusual circumstances for the Chairperson to call for a recess, the Chairperson shall announce the anticipated length of the recess and time of reconvening. 11. Videoconferencine of Meetines. Videoconferencing may be implemented for regulaz Council meetings to reduce travel time for the public and to facilitate public accessibility to and participation in Council meetings. Attachment -Page 2 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. No floor amendment to a bill or resolution shall be considered unless a written copy of the amended version has been presented to the County Clerk for preparation and distribution to each Council Member present. However, a floor amendment may be verbal if limited to correction of manifest clerical or typographical errors or errors in numbering, spelling, capitalization, punctuation, grammar, and gender terms, provided that the correction will not alter the meaning or effect of the underlying bill or resolution. 3. Afrer 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. 5. Previous Ouestion. 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, afrer which the main question shall be put; provided, however, that the introducer may delegate to another such right to close. 6. 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. 7. When a motion in one of the categories described in paragraph 4, 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. Attachment -Page 3 8. 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. 9. On any motion made at a Council meeting, except for a motion for adjournment, in the case of a tie vote, the motion shall be placed on the agenda of the next Council meeting. A tie vote on a motion to adjourn shall be deemed to be a failed motion. Attachment -Page 4 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 12:00 P.M., Noon, 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) A bill or resolution up for final reading that is amended on the floor shall not be acted upon at the time of the floor amendment. Final action on such an amended bill or resolution shall not be taken until the next regular meeting. This provision shall not apply to: (1) The annual budget bill, pursuant to article 10 of the Hawaii County Charter 2000, as amended, (2) The correction of manifest clerical or typographical errors in numbering, spelling, capitalization, punctuation, grammar and gender terms, provided that the conrection does not alter the meaning or effect of the underlying bill or resolution. 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. (b) Every ordinance of the council shall embrace but one subject, which subject shall be expressed in its title. If an Attachment -Page 5 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 standazd 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. Hawaii 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, 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. Attachment -Page 6 The affirmative vote of all Council Members present or by two-thirds of the entire membership shall be necessary for adoption of such ordinances. Emergency ordinances shall be published in the same manner prescribed for other adopted ordinances and shall become effective upon approval by the Mayor or at such later time, preceding automatic repeal, as the same may 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 Mayor (Section 3-12, Hawaii County 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 oftwo-thirds of the entire membership, the Chair shall verify that fact on the face of the bill and such bil[ 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. 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 shalt 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: (I) Official decision. (A) Resolution organizing the Council and staff; (B) Resolution delineating the Council's rules of procedure; Attachment -Page 7 (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) Leeislative-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 oninion. (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 are categorized as fo]lows: (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 Attachment -Page 8 (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. Attachment -Page 9 RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII o,."' Amended via Resolution 55-07 adopted on February 22, 2007 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 NO. 3 QUORUM .....................................................................................................................4 RULE N0.4 OFFICERS AND THEIR DUTIES ..............................................................................5 RULE NO. 5 COUNTY CLERK ........................................................................................................7 RULE NO. 6 COMMITTEES .............................................................................................................8 RULE NO. 7 STANDING COMMITTEES .....................................................................................10 RULEN0.8 SUBCOMMITTEES ...................................................................................................12 RULE NO. 9 AD HOC COMMITTEES ..........................................................................................13 RULE NO. 10 COMMITTEE OF THE WHOLE ..............................................................................14 RULE NO. 11 COMMITTEE REPORTS .........................................................................................15 RULE NO. 12 VOTING ....................................................................................................................16 RULE NO. 13 DISCLOSURE OF INTEREST .................................................................................19 RULE NO. 14 PETITIONS ...............................................................................................................20 RULE NO. 15 PUBLIC STATEMENTS AND TESTIMONY .........................................................21 RULE NO. 16 MOTIONS .................................................................................................................23 RULE NO. 17 RECONSIDERATION ..............................................................................................25 RULE NO. 18 ORDER OF BUSINESS ............................................................................................26 RULE NO. 19 AMENDMENTS AND REVISIONS OF THE RULES OF PROCEDURE ............27 RULE NO. 20 SUSPENSION OF RULES ........................................................................................28 RULE NO. 21 ORDER AND DECORUM .......................................................................................29 RULE NO. 22 APPOINTMENTS .....................................................................................................30 RULE NO. 23 NEWS MEDIA ..........................................................................................................31 RULE NO. 24 MANDATORY PROGRAM REVIEW ....................................................................32 RULE NO.25 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE 33 RULE NO. 26 BILLS AND RESOLUTIONS ...................................................................................34 RULE NO. 27 PARLIAMENTARY AUTHORITY .........................................................................39 RULE NO.28 INVOCATION ...........................................................................................................40 RULE NO. 29 SEVERABILITY .......................................................................................................41 RULE NO. 31 COUNCIL MEMBERS, STAFF AND ALLOWANCES .........................................42 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 Chairperson 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 Chairperson, shall then request a motion to elect the Chairperson of the Council. 4. Immediately after being elected, the Chairperson shall assume the position of the Presiding Officer, and the Council shall then elect the Vice Chairperson 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 Chairpersons and Vice Chairpersons of the standing committees by resolution. 5. The rules of procedure shalt become effective upon adoption and shall remain in effect until amended or revised as provided herein. 1 RULE N0. 2 MEETINGS 1. Reoular Meetinos. The Council shall meet regularly at least twice in every month at the place and time designated by the Council. Whenever possible, the meetings will be scheduled on the first and third Wednesday of each month at 9:00 A.M. Effective January 1, 2007, the Council shall hold an equal number of Committee and Council meetings in East and 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 and may be subject to review in December 2007 at the discretion of the Council. Whenever possible, videoconferencing shall be provided for all Committee and Council meetings. 2. Special Meetinos. Except as otherwise provided by law, special meetings may be called by the Chairperson or a majority of the Council. (a) Whenever possible, the date, time, place and specific purposes of such meetings shall be announced prior to adjournment of a regular meeting. If not announced at a regular meeting, written notice must be filed in accordance with HRS § 92-7 and § 13-20(c) of the Hawaii County Charter. (b) An agenda for the special meeting shalt be posted outside the Council offices and, if possible, on the website. 3. Committee Meetings. Except as otherwise provided, those standing committees having referrals shall meet on the day preceding a regular Council meeting or at other places and/or times designated by the Council. 4. Scheduling. The Council Chairperson shall be authorized to schedule or reschedule the location, time, date and/or subject matter of 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 Chairperson is consulted about the scheduling or rescheduling of a Committee meeting. The Council Chairperson 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 HRS § 92-5, 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 resultant official action shall be acted upon in an open meeting in accordance with § 13-20(b), Hawaii County Charter. 2 6. Emeraencv Meetings. If the i:ouncil finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in HRS Chapter 92, 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. 7. Sine Die. Sine Die is the last scheduled meeting of an outgoing Council and is not considered a regular meeting. (a) Only resolutions shall be allowed on the agenda. (b) No other legislative proceedings shall be allowed with the exception of addressing emergencies. (c) The meeting shall start at 9:00 A.M., at a location designated by the Council Chairperson. 8. 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 a Committee shall be made available to Council Members at least seven (7) calendar days prior to the meeting. 9. 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 Chairperson. If a Council Member is unable to attend a meeting, prior written notice shall be given to the Council or Committee Chairperson whenever possible. 10. Recesses. Notwithstanding the need to occasionally call for short recesses or lunch breaks, when there may be unusual circumstances for the Chairperson to call for a recess, the Chairperson shall announce the anticipated length of the recess and time of reconvening. 11. 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 participation in Council meetings. 3 RULE NO. 3 UQ 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, Hawai i 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. 4 RULE NO. 4 OFFICERS AND THEIR DUTIES 1. Officers. The officers of the Council shall consist of the Chairperson and Vice Chairperson 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 Chairperson 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 Chairperson, the Vice Chairperson shall act as the Presiding Officer. In the absence or disability of both the Chairperson and Vice Chairperson, the Council shall elect from among its members a temporary presiding ofFcer and the Finance Committee Chairperson shall serve as the Chairperson Pro Tempore for purposes of presiding over the election. It shall be the duty of the Chairperson to: (a) Open all meetings of the Council at the appointed hour by taking the Chairperson 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 Chairperson shall not engage in debate or discussion of any issue unless first relinquishing the Chairperson to the Vice Chairperson. (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, 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 Chairperson(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 Chairperson. 5 (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 Chairpersons 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), Hawaii County Code. (m) Recommend a calendar of events to include Council meetings, Committee meetings, agenda deadlines, recesses, special meetings, holidays, etc. 6 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 Chairperson. 2. Duties. It shall be the duty of the County Clerk, in addition to those duties prescribed by law, including Section 3-6(b), Hawaii 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 Chairperson 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 Chairperson, 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. 7 RULE NO. 6 COMMITTEES 1. Tvoe. 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 Chairperson and Vice Chairperson or Co-Chairpersons 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 Chairperson 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 Chairperson. (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 Chairperson or by a majority vote of the committee and may be held in the area or district affected. 8 6. Committee Chairperson. (a) The Chairperson 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 Chairperson, the Vice Chairperson shall perform the duties of the Chairperson. In the absence of both the Chairperson and Vice Chairperson of a standing committee, the committee shall elect from among its members a temporary Chairperson. (c) The Chairperson 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 Chairperson 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 Chairperson, the Council Chairperson 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. 9 RULE N0. 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 Chairpersons and Vice Chairpersons 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 property tax rates. (b) Committee on Planning: 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 drainage, public utilities, traffic control, sign regulations, and beautification. (2) Matters related to public transportation/mass transit. 10 (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. 11 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 Chairperson of the initiating committee shall specify the purpose of the subcommittee and shall set a schedule for the completion of its work. 3. Chairperson. The Chairperson of the initiating committee shall remain as Chairperson 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. Meetinos. Meetings of a subcommittee shall be conducted in accordance with the law and these rules. 6. Reports. Upon the request of the initiating committee Chairperson 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. 12 RULE NO. 9 AD HOC COMMITTEES 1. Establishment. The Chairperson of a standing committee may initiate and establish an ad hoc committee as needed. 2. Purpose. The Chairperson of the initiating committee shall specify the purpose of an ad hoc committee and set a schedule for the completion of its work. 3. Chairperson. The Chairperson and Vice Chairperson, if any, of an ad hoc committee shall be appointed by the Chairperson 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 Chairperson 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 Chairperson 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. 13 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. Chairperson. The Chairperson of the Council shall be the Chairperson 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. 14 RULE N0. 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 Chairperson 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 Chairperson 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. 15 RULE N0. 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 Chairperson 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 Chairperson, who shall announce the result of the vote to the Council. 5. If any member shall doubt the result as announced, the Chairperson shall state the question and call for a vote by raising of hands. The County Clerk shall count the raised hands and the Chairperson 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 Chairperson 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 Chairperson 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: 16 (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 because of the Chairperson'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), Hawai i 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, 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 SO-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 17 vote constitutes a majority of the members to which the Council or Committee 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. 18 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 Chairperson of such interest prior to the taking of any vote thereon as provided by Section 14-3(a), Hawaii 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 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. 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. 19 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 Chairperson 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. 20 RULE N0. 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 Chairperson. (c) Each person must speak at the time of calling, unless the Chairperson 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 Chairperson 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 Chairperson. (i) Any person who does not abide by these rules may be ruled out of order by the Chairperson. 21 3. Nothing in this rule shall diminish the responsibility or the authority of the Chairperson to maintain order and decorum. 22 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. No floor amendment to a bill or resolution shall be considered unless a written copy of the amended version has been presented to the County Clerk for preparation and distribution to each Council Member present. However, a floor amendment may be verbal if limited to correction of manifest clerical or typographical errors or errors in numbering, spelling, capitalization, punctuation, grammar, and gender terms, provided that the correction will not alter the meaning or effect of the underlying bill or resolution. 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. 5. 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. 6. 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. 23 7. When a motion in one of the categories described in paragraph 4, 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. 8. ~ournment. 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. 7. On any motion made at a Council meeting, except for a motion for adjournment, in the case of a tie vote, the motion shall be placed on the agenda of the next Council meeting. A tie vote on a motion to adjourn shall be deemed to be a failed motion. 24 RULE N0. 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. 25 RULE NO. 18 ORDER OF BUSINESS 1. Subject to the discretion of the Chairperson 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 Chairperson 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. 26 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. 27 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. 28 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 Chairperson before speaking. The member shall address the Chairperson 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 Chairperson shall order such member to cease and shall preserve the peace. If the Council Member persists, the Chairperson 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 Chairperson 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 Chairperson, 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 Chairperson to do so. (Alternative, move for recess.) 8. Nothing in this rule shall diminish the responsibility or authority of the Chairperson 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 Chairperson, 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. 29 RULE N0. 22 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, 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), Hawai'i 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) 30 RULE NO. 23 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 Chairperson 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 Chairperson may prescribe. 31 RULE N0. 24 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. 32 RULE NO. 25 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 Chairperson. 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. 33 RULE N0. 26 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 12:00 P.M., Noon, 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 Chairperson 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) A bill or resolution up for final reading that is amended on the floor shall not be acted upon at the time of the floor amendment. Final action on such an amended bill or resolution shall not be taken until the next regular meeting. This provision shall not apply to: (1) The annual budget bill, pursuant to Article 10 of the Hawaii County Charter 2000, as amended, (2) The correction of manifest clerical or typographical errors in numbering, spelling, capitalization, punctuation, grammar and gender terms, provided that the correction does not alter the meaning or effect of the underlying bill or resolution. 34 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. (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. 35 (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 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, 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 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 County Charter). Every bill adopted by the Council shall be duly authenticated by the Clerk and the Chairperson 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 Chairperson 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. 36 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. 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) Le4islative-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 37 (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 (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 tp 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. 38 RULE N0. 27 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. 39 RULE NO. 28 INVOCATION 1. For the purposes of this rule, the fo{lowing 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 Chairperson, an invocation may be delivered by a minister of a church prior to the call to order for any Council meeting. The Chairperson 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. 40 RULE NO. 29 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. 41 RULE NO. 31 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 Chairperson to assure proper management of the entire Council Office using agreed upon guidelines and procedures. The Chairperson 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 Chairperson is assigned four additional full time staff: (i) Executive Assistant to the Chairperson (EA). (ii) Deputy Executive Assistant to the Chairperson-East/West Hawaii (iii) Special Assistant. (iv) Council Aide to the Chairperson, 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; 42 (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 constituents, preparing messages, articles and news releases, facilitating meetings with the community; (iv) Providing committee support if the council member is the Chairperson of a committee. Committee support means attending the committee meeting, writing the committee report for the Chairperson's approval, drafting legislative amendments, and conducting necessary research to assist the committee in its deliberations. Committee Chairpersons and Vice Chairpersons 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 (July- 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. 43 (ii) Leis for recipients of honorary certificates and frames for honorary certificates. (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 Chairperson. (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 44 accounts. Similarly, the reasonable expenses for the attendance of the district staff to support the committee Chairperson 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. 45