HomeMy WebLinkAboutCOM 0134.000 2006-2008 _
PETE HOFFMANN tY u, BRENDA FORD
Chair & Presiding Officer ~`?-~~~"?~y STACY K. HIGA
DONALDIKEDA
K. ANGEL PILAGO BOB JACOBSON
Vlce Chair EMILY I. NAEOLE
DOMINIC YAGONG
n ] YOSHIMOTO
HAWAII COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street t f. _ _
Hilo, Hawaii 96720 - _
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January 24, 2007
TO: Council Members
Hawaii County Council
c~
FROM: Pete Hoffmann
Council Chair
SUBJECT: A Resolution Ame g Resolution No. 4-06, Adopting Rules of Procedure and
Organization of the Council of the County of Hawaii.
Attached for your consideration please find a Resolution amending Resolution No. 4-06, wherein
the council adopted its Rules of Procedure and Organization of the Council of the County of
Hawaii on December 4, 2006.
The proposed amendments are outlined below in ramseyer format. Material to be replaced is
bracketed and stricken. New material is underscored.
PROPOSED AMENDMENTS TO RULE N0.2, MEETINGS, INCLUDE:
"RULE NO. 2
MEETINGS
1. Regular Meetings. ' ° "'^"'a°'' The Council shall meet
regularly at least twice in every month [
~itxes} at the lace and time desi nated b the Council, a°a,''°•°°°°~ }bat
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ire :c?::b] Whenever uossible the meetines will be scheduled on the first
and third Wednesday of each month at 9.00 A M Effective January 1, 2007, the Council shall
CR..~o.55_0-1~ Cemm. No.
Ref. To:
Serving the Interests of the People of Our Island Ref. C,o'~~ JAN 2 5 2007
Hawaii County Is An Equa! Opportunity Provider And Employer
January 24, 2007
Page 2
hold an equal number of Committee and Council meetin>s in East and West Hawaii, subiect to
the Council's approval of adequate personnel equipment and support services to comply with
statutory le ag 1 and processing deadlines This meeting schedule shall remain in effect at least
throu¢h the 2007 calendar ~az and may be subiect to review in December 2007 at the discretion
of the Council Whenever possible videoconferencina shall be provided for all Committee and
Council meetings, [~'a L. w. '~"~""a: " c°",:,. ~ ~ u"
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2. Special Meetings. Except as otherwise provided by law, special meetings
may be called by the Chairperson or a majority of the Council.
Whenever possible, [eke] the date, time, [and] place and specific purposes
of such meetings shall be announced prior to adjournment of a regulaz 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. ' " ^F
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f>) An agenda for the special meetine 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 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 [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 [C-haiF] Chairperson is consulted about the
scheduling or rescheduling of a Committee meeting. The Council [C-hair] Chaimerson 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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5. Executive Sessions. The Council may hold a meeting closed to the public for one
or more of the purposes set forth in [$estiea] HRS § 92-5, [~..a~~sea
°~tis] 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 [Sesfien] § 13-
20(b), Hawaii County Charter.
6. Emergency Meetings. If the Council finds that an imminent peril to the public
health, safety, or welfare requires a meeting in less time than is provided for in HRS Chapter 92,
[~:iseaa-c~ate~,] the Council may hold an emergency meeting or add an emergency
item to a posted agenda provided:
Januazy 24, 2007
Page 3
(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.
b ~ a J
7 Sine Die Sine) Die is the last scheduled meetine of an outeoine Council and is
not considered a reeulaz meetine.
(a) Only resolutions shall be allowed on the agenda.
(b) No other legislative ~roceedines shall be allowed with the exception of
addressing emer eng cies.
(c) The meetine shall start at 9.00 a.m. at a location designated by the Council
Chairnerson.
[~.]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 [standing
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 [C-Bair] 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 [Chan] Chairperson shall announce the anticipated length of the recess and time of
reconvening.
[4&] 11. Videoconferencing of Meetings_ V ideoconferencing 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.
b J
PROPOSED AMENDMENTS TO RULE NO. 16, MOTIONS, INCLUDE:
"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. [ ,
~^a ".ra''^~ No floor amendment to a bill or resolution shall be considered
cScoaz -cvcmorr'x.x°c.
January 24, 2007
Page 4
unless a written copv of the amended version has been presented to the Countv Clerk for
prepazation 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
numberine spelline capitalization punctuation grammaz and fender 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.
[(a)]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.
[(k)]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 [al3eve-tneHHened] 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. Adjournment. Meetings may be adjourned at any time by motion and vote.
Unless otherwise specified in the motion, every meeting shall be considered adjourned to the
usual hour of meeting on the next regular meeting date. A motion to adjourn is always in order
and shall be decided without debate.
9 On any motion made at a Council meeting except for a motion for adiournment, 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 adiourn shall be deemed to be a failed motion."
January 24, 2007
Page 5
PROPOSED IS REPEAL OF RULE N0.22, LEGISLATIVE AUDITOR, AS FOLLOWS:
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PROPOSED AMENDMENTS TO RULE N0.27, BILLS AND RESOLUTIONS,
INCLUDE:
"RULE NO. 27
BILLSAND 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 calendaz day preceding the day of the
Council meeting or by [^:~^-Dr-"rr] 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
January 24, 2007
Page 6
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)
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r~xeefing-.] 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 reQUlaz
meetine. This provision shall not apply to:
(1) The annual budget bill ~ suant to article 10 of the Hawaii County
Chazter 2000, as amended,
(2) The correction of manifest clerical or typoeraphical errors in numberin¢,
spelling canalization punctuation grammaz and Bender terms, provided
that the correction 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 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.
January 24, 2007
Page 7
(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, 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 Mayor (Section 3-12, Hawai `i 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 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
Januazy 24, 2007
Page 8
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) calendaz days of receipt of the bill. (Section 10-5, Hawaii County Charter)
5. Resolutions. Resolutions aze 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 aze 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) OfJcial 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) Optional. A Council Member may introduce the following kinds of
optional resolutions.
January 24, 2007
Page 9
(A) Condolence resolution on the death of former elected or top Ievel
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 govermnent who has contributed
significantly in some way to Hawaii County or the State of
Hawai`i."
PROPOSED IS REPEAL OF RULE N0.31, DEPUTY COUNTY CLERK, AS
FOLLOWS:
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PROPOSED IS REPEAL OF RULE N0.32, LEGISLATIVE RESEARCH BRANCH, AS
FOLLOWS:
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January 24, 2007
Page 10
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Lastly, proposed is the replacement of the word "Chair" with the word
"Chairperson" throughout the Rules of Procedure and Organization of the Council of the
County of Hawaii.
Att.
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