HomeMy WebLinkAboutCOM 0843.002 2006-2008
Pete Hoffmann ~ww 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 Hawaii
Hawai'i County Building Holomua Center
25Aupuni Street 64-1067 Mamalahoo Highway. Spite C-5
Hilo, Hawai'i 96720 Waimea, Hawa -96743
80 C3 rn an
DATE: December 20, 2007 ro M
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TO: Council Members, 'n
County of Hawaii :T fT
0 1 . C 3
FROM: Pete Hoffmann, Chair ca
Hawaii County Council
RE: Transmittal of Resol 4ien 443-07, _
During the December 18, 2007, meeting of the Public Works and Intergovernmental Relations
Committee, two amendments to Resolution 443-07 were proposed and duly adopted. These two
amendments are to (1) correct the numbering sequence of the items within Rule No. 11, Voting,
that was not properly ramseyered in Communication No. 843 and (2) replace "the vote by roll"
with "for a roll call vote" in item number 3 within Rule No. 11, Voting.
These two amendments are indicated below by ramseyer format. Bolding is utilized to delineate
the amendments from the previously proposed amendments as set forth by Communication No.
843. The amendments read as follows:
"RULE NO. 11
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
J2 E pt , ea. al metiens and- ,,,,t;, s that amend thp, main A, o , all viot+ng
shall be by roll eall vate.] Serving the Interests of the People of Our Island Comm. No.
Ref. Toftesentad f W l12'L-
\Vtp.~'1.7 ~7; Hawaii County Is An Equal Opportunity Provider And Employer Ref. Date DEC 18 2007
[3-.] 2. 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] 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
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.
3 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 [t-he vote by roll] for a roll call vote, 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. 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 `"'hef shell doubt the r stilt e eed the ChairpersonY shall state the
question by and it F vote h. raising ofhE d The C. n4y Clerk shall the raised han eetifa on any ,.tion the Cle"l• shell use a roll Bell 7yate.]
[6-.15. 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:] 6. 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.
18-.17. 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:] 8. In the event of a tie vote, the following procedures [will he promul gated] apnly:
(a) In the case of a tie vote on [aHy utter] the final vote on the main motion
considered by a Committee, [tlie Cammiaee shell -e`e ] the matter shall be forwarded to the
[eoune-il] Council with [ne] a negative recommendation. For any other motions, such as motions
to amend, the motion shall fail.
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(b) In the case of a tie vote on any [matter] motion considered by the Council,
[the matter shall be plared on the agenda-ast the G.Rauneilmeeting. However, should the
i, from eting due to anfliet of interest, the ffletion shall be detefffii ed to have
b
been d.] the motion fails. [in deiei:._.:.,ing the ffie fieas having been denied the ».atter
eil.]
.l 1.c nt Flcd by a rx.`zetior» radopted by the jon ity ~o c of not Go»....
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[44-.19. 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.
[44-.110. Unless otherwise provided, the vote of a majority of the entire membership of
the Council or Committees shall be necessary [tom=] for a motion to pass.
14-2-.111. 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 10-5,
Hawaii County Charter);
(e) Amend the capital budget (Section 10-6(d), Hawai'i County Charter);
(t) 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.
[1-,1 12. 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)
[44-.113. 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).
[ice] 14. 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."
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All other amendments contained in Communication No. 843 (proposed amendments to Rule No.
2, Rule No. 10, Rule No. 15, and Rule No. 16) remain in effect.
A copy of the resolution is attached.
PH
Encl.
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