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Home My WebLink AboutCOM 0679.004 2006-2008 J YOSHIMOTO ~ "'rr,, Phone: (808) 961-8272 ~'•''i'~ Council Member FAX: (808) 961-8912 District 3 Email: jyoshimoto@co.hawaii.hi.us r HAWAII COUNTY COUNCIL COUNTY OF HAWAII e.., MEMORANDUM TO: Pete Hoffmann, Council Chair and Council Members FROM : J Yoshimoto, Council Member DATE: October 17, 2007 SUBJECT: Resolution 342-07, Draft 2 As discussed at the Public Works and Intergovernmental Relations Committee on October 16, 2007, attached is Resolution 342-07, as amended to Draft 2. This resolution amends the Rules of Procedure and Organization of the Council of the County of Hawaii (as adopted by Resolution No. 4-06 and previously amended by Resolution No's. 55-07 and 102-07, Draft 2). Draft 2 amends the third "Whereas" clause as illustrated via ramseyer format as follows: "WHEREAS, Rule No. 6 will be amended to add a Committee on Food and Energy Sustainability and to include the committee's description; and" Draft 2 also amends Rule No. 6, Standing Committees, proposed sections 1(g) and 2(g). The bolded ramseyered text shows the changes to Draft 1, as follows: "RULE NO. 6 STANDING COMMITTEES 1. There shall be [sip-(6)] seven 7 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 t Comm. No. ~ 7 r ~2'01j ~ Ref. To:9reseeted l~l~?C Hawaii County Ls An Equal Opportunity Provider And Employer Ref. Date ~CT 1 Fi. 2DD7 Mailing Address: (Former County Building) 25 Aupuni Street, Hilo, Hawaii 96720 Business Address: Ben Franklin Building, 2"" Floor, 333 Kilauea Avenue, Hilo, Hawaii 96720 Pete Hoffmann, Council Chair and Council Members October 17, 2007 Page 2 f Committee on Food and Ener~v Sustainabilitv 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. (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: Pete Hoffmann, Council Chair and Council Members October 17, 2007 Page 3 (1) Matters related to police and fire protection, civil defense, liquor control, animal control, and the prosecuting attorney. (2) Matters related to pazks and recreation, youth activities, and elderly activities. (e) Committee on Human Services and Economic Development: (1) Matters related to °~a -°'°`°a'~a°°`-~°°,] reseazch and economic development programs, market development, tourism, education, scientific reseazch, food processing, health caze, 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 hazazdous waste, wastewater, and recycling programs. (gl Committee on Food and Enemy Sustainabilitv: Matters related to food sustainability, solaz energygeothermal enerev, wind, biomass, hydropower, and energy-efficient technolo ieg s for buildings, homes, transportation, and power systems." The proposed amendments to Rule No. 28, Council Members, Staff and Allowances, which were stated in Draft 1, remain the same. The proposed amendments include minor formatting corrections to the numerical subsections in order to be consistent with the rest of the rules, and to correct the District Allowance Expense (DAE) and Contingency Relief amounts to reflect the recent increase. The proposed amendments aze illustrated via ramseyer format as follows: "RULE N0.28 COUNCIL MEMBERS, STAFF AND ALLOWANCES 1. Each Council Member shall have direct responsibility over the respective district staff. Pete Hoffmann, Council Chair and Council Members October 17, 2007 Page 4 (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 aze "at will" employees whose employment shall be co-temunus 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). [(-i~}] ~ Deputy Executive Assistant to the Chairperson-EastlWest Hawaii (EA). [(-iii)] ~ Special Assistant. ~ 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 aze not limited to, the following: ~ Office tasks; [(ii)] ~ All work related to the individual council members, including drafting bills, resolutions, and proposed amendments, and conducting reseazch on topics and issues required by the Council Member; [(-iii)] ~ Performing special assignments, responding to letters, complaints and telephone inquiries, gathering data or Pete Hoffmann, Council Chair and Council Members October 17, 2007 Page 5 appropriate information in order that the Council Member may respond to requests from constituents, prepazing 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; l~ 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 [$~-SA0] 15 000 in a DAE to cover incidental expenses in carrying out his/her duties as an elected official. Incidental duties and acfivities 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 yeaz (July-December), the Council Member shall be allotted 50% of the appropriation. The remaining 50% (Januazy-June) shall be allotted in January. (b) Allowable DAE include, but aze not limited to: [(i~] ~ Community meeting expenses such as facility rental fees, charges for maintenance or security services, light Pete Hoffmann, Council Chair and Council Members October 17, 2007 Page 6 refreshments, special mailings or handouts, leis for speakers, and the rental of special equipment. [(-ii)] ~ Leis for recipients of honorary certificates and frames for honorary certificates. ~ The purchase of research or reference materials, publication subscriptions, or other materials related to legislative issues or procedures. [(ii=)] ~ NACo, WIR, HSAC, conference or seminar registration fees, including travel and accommodation costs associated with the conference or seminaz 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 aze the property of the County. ~ The expenses of his/her staff. ~ Monthly cell phone reimbursement not to exceed $75.00 per month. [fviri)] ~ Joint district expenditures for allowable expenses are permitted. (c) Each Council Member shall be personally responsible to pay any expenses incurred in support of the conduct of official duties and activities that exceed the [$~3A8] 15 000 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. [(-i}}] ~ Donations to community organizations or transfers to County agencies. Pete Hoffinann, Council Chair and Council Members October 17, 2007 Page 7 [(-iiij] ~ Transfers between the DAE and Contingency Relief accounts aze prohibited. [(fv)] ~ 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 boazd member shall be drawn from the general accounts. (f) The expenses for the attendance of a council member at committee and council meetings and public hearings shall be drawn from the general accounts. Similazly, 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 [~-I00;80A] 300 000 in annual contingency relief, when appropriated in the General Fund, to provide for county related projects. (b) In an election yeaz (July-December), the Council Member shall be allotted 50% of the appropriation. The remaining 50% (Januazy-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 aze the property of the County. (e) Transfers between the DAE and Contingency Relief accounts aze prohibited. (f) Transfers from a district account to other district accounts aze prohibited." JY/dwe Attachment