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Home My WebLink AboutCOM 0843.000 2006-2008 Pete Hoffmann or Phone No. Hilo: (808) 961-8027 Council Chair, Phone No. Waimea: (808) 887-2043 District 9 - North and South Kohala Fax No.: (808) 887-2072 E-Mail: poffmann@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai 'i Hawaii County Building Holomua Center 25Aupuni Street 64-1067 M alaho hway, Suite C-5 Hilo, Hawaii 96720 Waimea, f s,i 9fi& co GM fJi Fri r.r'; DATE: December 4, 2007 t _T T s , $'i TO: Council Members, Co County of Hawaii +Aend FROM: Pete Hoff mann, Cha r HCouncil RE: A Resolution to Amend Resolution 42-07, to Furthe Rules of Procedure and Organization of the Council of the County of Hawaii On November 7, 2007, the council approved Resolution No. 342-07, Draft 2. Resolution No. 342-07, Draft 2 amended the Rules of Procedure and Organization of the Council of the County of Hawaii, specifically Rule No. 6, Standing Committees, and Rule No. 28, Council Members, Staff and Allowances. The attached resolution proposes to amend Resolution No. 342-07, Draft 2 by further amending the Rules of Procedure and Organization of the Council of the County of Hawaii. The following proposed amendments address Rule No. 2, Meetings; Rule No. 10, Committee Reports; Rule No. 11, Voting; Rule No. 15. Motions; and Rule No. 16, Reconsideration. Proposed amendments are indicated by ramseyer format. The proposed amendments read as follows: 1. Rule No. 2, Meetings, is proposed to be amended by the following (amendments proposed to items 1, 9, and 11 only): "RULE NO. 2 MEETINGS 1. Regular 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 ~1 Serving the Interests of the People of Our Island Comm. No. T Ref. To: w 301 Hawaii County Is An Equal Opportunity Provider And Employer Ref. Dote~_ scheduled on the first and third Wednesday of each month. [9.nn A M Ff ecti ..c an , fy 1 2nne] The Council shall hold an equal number of Committee and Council meetings in East and West Hawaii, subject to meeting location availability in West Hawaii and [the Geu nos apprevul of ] adequate personnel, equipment, and support services to comply with statutory, legal and processing deadlines. [This Whenever possible, videoconferencing shall be provided for all Committee and Council meetings. 2. Special Meetings. 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 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. 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 FIRS 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; 2 (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 Vid r a fM oVide of ti ple rnedF to and pai4ieipatien in Gouneil 2. Rule No. 10, Committee Reports, is proposed to be amended by the following (amendments proposed to items 5 and 6 only): "RULE NO. 10 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 3 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 [rte] a negative 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 [ta be dtfly adOpted 13y ttxacc l ieil] " 3. Rule No. 11, Voting, is proposed to be amended by the following (amendments proposed to items 2,3,4,5,9, and 11 only): "RULE NO. 1 I 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. [E~ieept off preeedural motions and metiefis that amend 4he main , voting shall be by roll eall ve4e.1 [3.] 4. 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, [end ihereepe.~=] after which s/he shall announce the result. If the vote is not unanimous the Chairperson shall state the question and call for a roll call vote after which s/he shall announce the result, or in place of a 4 roll call vote announce the names of the members voting in the minority. Upon the request of any member of the Council the Chairperson shall use a roll call vote. 4 Voting in Committees shall be by voice vote after which the Chairperson shall announce the result If the vote is not unanimous the Chairperson shall re-state the question and call the vote by roll after which s/he shall announce the result, or in place of a roll call vote announce the names of the members voting in the minority. Upon the request of any committee member, the Chairperson shall use a roll call vote. [4.] 5. Voting on every bill, resolution or nonprocedural motion at Council meetings 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 fflember- shall deubt the restilt as aiinotineed, the Chairpersen shall state the Eluestien and eall for a vete by raising of hands. The Getinty Glerk shall eaunt the raised hands and the Chaii--persan shall apmotinee the festilt. Upon the request of aiiy member of the Gei en an), tffiation, the Glefk shall use a fell Bull .e.e.] 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 prom lgated] apply' (a) In the case of a tie vote on [any matter] the final vote on the main motion considered by a Committee, [the Committee shall refer] the matter shall be forwarded to the [eouneil] Council with [no] a negative recommendation. For any other motions, such as motions to amend, the motion shall fail. (b) In the case of a tie vote on any [txatter] motion considered by the Council, [the matter- shall he plaeed E)n the agenda at the ne)a Couneil ffleeting. Hewever, shetild the Dom, denied I the motion fails. [r deteF g the ffiation as having been denied, the matte need not he filed by a fnetion adepted by the fna.,jerity of the ] 5 10. Official Action. No official action shall be taken except at a meeting open to the public in accordance with Section 13-20(b), Hawaii County Charter. Business conducted by the Council during a meeting, which does not conform to the provisions of Section 13-20, shall be null and void in accordance with Section 13-20(d), Hawaii County Charter. 11. Unless otherwise provided, the vote of a majority of the entire membership of the Council or Committees shall be necessary [to take aetien] for a motion to pass. 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 10-6(d), Hawai`i County Charter); (f) Cut off debate by a motion to the previous question; (g) Revise or suspend these rules; or (h) Initiate amendments or revisions to the Hawaii County Charter. 13. The Council may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present, provided the affirmative vote constitutes a majority of the members to which the Council or Committee is entitled. (Section 92-4, Hawaii Revised Statutes) 14. Upon a one-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." 4. Rule No. 15, Motions, is proposed to be amended by deleting item 9 in its entirety (only item 9 is proposed to be amended, all other items within Rule No. 15 remain intact): 6 in the past-of a. ti.e vote, the motion shall be plaeed an the agenda ef the ne~A Gatineil ineefing-.A tie vate on Fi fnetion to adj own shall be deemed to be a failed 5. Rule No. 16, Reconsideration, is proposed to be amended by the following (amendments proposed to all items of this rule plus the proposal of an additional item 7): "RULE NO. 16 RECONSIDERATION 1 is an aetien whereby the Getineil er Committee rettirns to ] A reconsideration motion is made when a Council or Committee member wishes to re-discuss and revote on a prior action not vet enacted into law. 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] last vote on the matter [and r " matter for `ether amendment, inchi ing It reopens the motion for amendment. 2. When a motion has been made and carried in the affirmative or negative, any Council member voting with the [majority] prevailing side may move for a reconsideration of the vote on the motion at the same meeting or at the next [reguW] meeting. However, any Council member who wishes to ask for a motion to reconsider at the next meeting must notify the Council or Committee Chairperson and County Clerk in writing of their intention to make such a motion within five (5) working days after the [will passes final reading] disposition of the motion to be reconsidered. A motion to reconsider the vote [taken] made at the time any bill or resolution fails to pass final reading shall not be voted upon until twenty-four (24) hours have elapsed. (Charter $3-10(e)). 3. [Aefion upon reeensideration of an issue shall be taken only following notice as iredj&-Tlaw-.] Bills and resolutions that have passed final reading shall remain in the possession of the Council and the Clerk shall not transmit file or otherwise dispose of them until the time has expired for Council members to notify the Council Chairperson and County Clerk in writing of their intention to make a motion to reconsider at the next meeting, 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 iournal. 4. [The •n r-egolution shall he possession of the Coun,.:l and the Gleak shall fiat transmit, file, or otherwise dispose of it until the time has expired fer Goiifteil Mefn te netif~ the Cetineil Chair-person and Count), Clerk in;ffiting of their ifitention to niake FnRti Fin to reponsidef at the next meeting, unless it is deefoed filed pufseant to ordinanee or time for its passage has e~ipired by operation of law. if the metion to reeensider fails, the vete 7 pre~Aeusly tAen on the bill or- reseltAien shall beeeme final, and the QeAE shall so note in the journal.] A motion for which notice of reconsideration was timely made shall be placed on the agenda for the next meeting under "Other Business" unless the reconsideration is taken at the same meeting as the original action. 5. [An item f9f which netiee of reeonsiderationwas timely Hiade shall be plaGed a the agenda for the neia r-egulaf meeting under "Other Business" unless the reeensideration is taken at the sEffne eeting the original awn] A motion can be reconsidered only once. 6. Any bill or resolution that has failed cannot be reintroduced in substantially the same form during a Council term. 7 For purposes of this rule "next meeting" means the first meeting when the motion to reconsider can be placed on the agenda for decision-making consistent with the public notice requirements of the Sunshine Law." Thank you for your consideration of these proposed amendments to the Rules of Procedure and Organization of the Council of the County of Hawaii. PH Encl. 8