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Home My WebLink AboutCOM 0242.000 2006-2008 ~ PETE HOFFMANN BRENDA FORD H Chair & Presiding Officer ~ STACY K. HIGH DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair EMILY I. NAEOLE DOMINIC YAGONG o:'d::? J YOSHIMOTO HAWAII COUNTY COUNCIL G~ County of Hawai `i ~^t Hawaii County Building ~ ~ ~ - 25 Aupuni Street ' Hilo, Hawaii )6720 - rn March 9, 2007 TO: Council Members _ Hawaii County Council ; FROM: Pete Hoffmann Council Chairperson SUBJECT: A Resolution Amending Resolution No. 55-07, Adopting Rules of Procedure and Organization of the Council of the County of Hawaii. Attached For your consideration is a Resolution amending Resolution No. 55-07, wherein on February 22, 2007, the council adopted its Rules of Procedure and Organization of the Council of the County of Hawaii. The rule amendments proposed herein are outlined in ramseyer format. Material to be replaced is bracketed and stricken. New material is underscored. 1. Current Rule No. 17, Reconsideration, shall be renumbered and amended to read as follows: "RULE NO. 16 RECONSIDERATION 1. "Reconsideration" is an action whereby the Council or Committee returns to revote on a prior action not vet enacted into law in order to amend or reverse that decision The effect of granting reconsideration is to bring the entire matter back to the Council/Committee in the form it appeared prior to the final vote on the matter and to reopen the matter for further amendment including reconsideration of amendments made before final action on the matter being reconsidered. 2. 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 only at the same meeting or at the next regular meeting. \ tO1'~,~ Comm. No. 2~2 Ref. To: F~N I (L~ Ref. Date MAR 0 9 2001 Serving the Interests of the People of Our Island Hawaii County (s An Equal Opportunity Provider And Employer March 9, 2007 Page 2 r~ A ',l M r e e ~ u » 1 Action upon reconsideration of an issue shall be taken only following notice as required law unless such action upon reconsideration is taken at the same meeting as the ori¢inal action. 4. ~~vt, c •a c a a n na rwn «n.,r 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 ioumal. r2 - - ~ - F ~ r :t «a rtn.v ~l,~ll Fln ..rl,n r e A F '.7 5. An item for which notice of reconsideration was timely made shall be placed on the aeenda for the next regular meeting under "Other Business" unless the reconsideration is taken at the same meeting as the oriuinal action. 6. Any measure once considered shall only be reconsidered once." 2. New Rule No. 30, Deputy County Clerk, shall read as follows: "RULE NO. 30 DEPUTY CLERK 1 Deputy County Clerk The Deputy County Clerk shall be appointed by the County Clerk with the approval of the Council Such position shall be exempt from civil service laws and classifications. Mazch 9, 2007 ~ `~.,s° Page 3 2 Duties It shall be the duty of the Deputy County Clerk to: Assume the duties of the County Clerk in the Clerk's absence. (b) Oversee the activities and operations of certain functional croups from within the Office of the County Clerk as assigned by the Clerk. Currently this duty is composed of the Reprographics Clerk Administrative Services, Human Resources and the Legislative Auditor's Office. (c) Develop in-service training and public outreach programs. (d) Perform other duties as may be assigned by the Clerk." 3. New Rule No. 31, Legislative Research Branch, shall read as follows: "RULE NO. 31 LEGISLATIVE RESEARCH BRANCH 1 Legislative Research Branch The Legislative Research Branch (LRB) shall promote the effective operation of the legislative process by performing complex ongoing tasks that are the responsibility of the Council and the County Clerk's office. 2 Duties On an ongoing basis the LRB as directed by the County Clerk, shall be responsible for the following tasks: ~ Annual fiscal legislation Assist the Council in its annual budget and real property tax reviews prepare amendments to the salazy and budget ordinances, and prepare the real property tax resolution. bL~ Hawai`i County Code Update and publish the Code and its supplements, oversee dissemination of the Code maintain an online version of the Code, and assist in the maintenance of past versions of the Code. Hawai`i County Charter Assist in drafting legislation, ballot questions, and other documents required for proposed amendments to the Charter update the Charter to incomorate changes and assist in the maintenance of Charter records. County legislation Review bills and resolutions proposed by Council members and review all bills that propose amendments to the County Code. ~ State legislation Monitor the annual State legislative session and prepaze a list of bills of significant County interest. (~I Council annual report. Prepare and update. ~ County's legislative drafting manual. Prepare and update. March 9, 2007 Page 4 1(~i County Clerk's Archive Assist the Clerk in the management of the Clerk's Office's archive of legislative materials. Legislative resources Maintain a library of research materials for staff use. Training Conduct training regarding legislative drafting the budget process, or other areas within the LRB's area of expertise. Perform other duties as may be assigned by the Clerk. 3 Personnel assigned to the LRB shall report to the County Clerk and comply with internal guidelines established by the Deputy County Clerk and the Clerk." 4. New Rule No. 32, Legislative Auditor, shall read as follows: "RULE NO. 32 LEGISLATIVE AUDITOR 1 Legislative Auditor The Legislative Auditor shall be appointed by the County Clerk with the approval of the Council Such position shall be exempt from civil service laws and classifications. 2 Qualifications The Legislative Auditor shall possess adequate professional proficiency for the office demonstrated by relevant certification, such as certification as a certified internal auditor or certified public accountant or have an advanced degree in a relevant field with at least five years of experience in the field of government auditing evaluation or analysis A certified internal auditor or certified public accountant shall be preferred. 3 Duties It shall be the duty of the Legislative Auditor to conduct or cause to be conducted: (a) The annual post audit of the financial transactions of the County. (b) Performance audits or special studies relating to the funds, programs, and operations of an a~genc~or operation of the County as requested by the Council by resolution. (c) Performance and financial audits of the Funds programs, and operations of any agency or operation of the County as determined by the Auditor to be warranted. (d) Follow-up audits and monitoring of compliance with audit recommendations by audited entities. March 9, 2007 Page 5 4 Personnel Personnel assigned to the Legislative Auditor shall report to the Legislative Auditor be exempt from civil service laws and classifications, and comply with internal guidelines established by the Legislative Auditor. 5 Government Auditing Standazds The Legislative Auditor shall conduct or cause to be conducted all audits in accordance with government auditing standards. 6 Written Reports Audit findings and recommendations shall be set forth in written reports of the Legislative Auditor copies of which shall be transmitted to the Mayor and the Council and filed with the County Clerk as public records." 5. Rules of Procedure and Organization of the Council of the County of Hawaii shall be renumbered as follows: RULE NO. 1 INITIAL CONVENING OF THE COUNCIL RULEN0.2 MEETINGS RULE NO. 3 QUORUM RULE NO. 4 OFFICERS AND THEIR DUTIES RULE NO. 5 COMMITTEES RULE NO. 6 STANDING COMMITTEES RULE NO. 7 SUBCOMMITTEES RULE NO. 8 AD HOC COMMITTEES RULE NO. 9 COMMITTEE OF THE WHOLE RULE NO. 10 COMMITTEE REPORTS RULE NO. I l VOTING RULE NO. 12 DISCLOSURE OF INTEREST RULE NO. 13 PETITIONS RULE NO. 14 PUBLIC STATEMENTS AND TESTIMONY RULE NO. 15 MOTIONS RULE NO. 16 RECONSIDERATION RULE NO. 17 ORDER OF BUSINESS RULE NO. IS AMENDMENTS AND REVISIONS OF THE RULES OF PROCEDURE RULE NO. 19 SUSPENSION OF RULES RULE NO. 20 ORDER AND DECORUM RULE NO.21 APPOINTMENTS RULE NQ 22 NEWS MEDIA RULE NO. 23 MANDATORY PROGRAM REVIEW RULE NO. 24 CERTIFICATE OF MERIT, MEMORIALS, AND EXPRESSIONS OF CONDOLENCE RULE NO. 25 BILLS AND RESOLUTIONS RULE NO. 26 PARLIAMENTARY AUTHORITY RULE NO.27 INVOCATION RULE NO. 28 COUNCIL MEMBERS, STAFF AND ALLOWANCES RULE N0.29 COUNTY CLERK RULE NO. 30 DEPUTY COUNTY CLERK RULE NO. 31 LEGISLATIVE RESEARCH BRANCH RULE NO. 32 LEGISLATIVE AUDITOR RULE NO. 33 SEVERABILITY PH/jc Attachment