Loading...
HomeMy WebLinkAboutRES 002 Draft 01 1996-1998 "". ~-~,' RESOLUTION ADOPTING NEW RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that ~he attached Rules of Procedure of the Council of the County of Hawaii is hereby adopted to govern the affairs of the Council. Dated at Hilo, Hawaii, this 2nd day of December, 1996. COUNTY COUNCn. County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on December 2, 1996 ATTEST: ~~~&- COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ADS EX ARAKAKI X CHUNG X LEITHEAD- TODD X RAY X REYNOLDS X SANTANGELO X SMITH X TYLER X YAGONG X 9 0 0 0 Reference C-1 RESOLUTION NO. ~ . . ."I>-...~ COUNCIL RULES OF PROCEDURE TABLE OF CONTENTS Rule 1 - Council Meetings Pg. 1 Rule 2 - Adjournment Pg. 2 Rule 3 Quorum Pg. 3 Rule 4 - Officers and Their Duties Presiding Officer Pg. 4 County Clerk Pg. 7 Committee Chairperson Pg. 8 Rule 5 - Committees Pg. 9 Rule 6 - Standing Committees Committee on Finance Pg. 13 Committee on Planning Pg. 14 Committee on Public Works and Parks Pg. 14 Committee on Human Services and Economic Development Pg. 15 Rule 7 - Subcommittees Pg. 16 Rule 8 - Ad Hoc Committees Pg. 17 Rule 9 - Committee of the Whole Pg. 18 Rule 10 - Committee Reports Pg. 19 Rule 11 Voting Pg. 21 Rule 12 - Petitions and Memorials Pg. 25 Rule 13 - Motions Pg. 26 Rule 14 - Reconsideration Pg. 28 Rule 15 - Motion to Adjourn Pg. 29 . . .' .. ." Rule 16 - Action on Ordinance Pg. 30 Rule 17 - Council Order of Business Pg. 31 Rule 18 Attendance . Pg. 34 Rule 19 .Amendments and New Rules Pg. 35 Rule 20 - Suspension of Rules Pg. 36 Rule 21 - Order, Decorum Pg. 37 Rule 22 - Administrative Policies and Procedures Pg. 39 Rule 23 - News Reporters Pg. 41 Rule 24 - Mandatory Program Review Procedures and Details Pg. 42 Rule 25 - Certificate of Merit , Expression of Condolence Pg. 43 Rule 26 - Adoption of Resolutions Formal Resolutions Pg. 44 Informal Resolutions Pg. 44 Rule 27 - When Rules Are Silent Pg. 47 Rule 28 - Invocation Pg. 48 . . Ii. - . RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAI I Rule I COUNCIL MEETINGS 1. The council shall hold regular meetings for the transaction of business on the first and third wednesday of each month or on the following day if such ~ednesday be a public holiday. 2. Special meetings may be called at any time by the council chairperson or a majority of the council in accordance with the provision of Section l3-20(c) of the County Charter. 3. The council chairperson shall be authorized to schedule or reschedule the time, date and/or subject matter of its regular or special meetings and to publish public notice upon the giving of six (6) days notice to the public and councilmembers. The chairperson shall promptly notify all councilmembers and the county clerk by written memorandum as to the scheduling or rescheduling of regular or special meetings. . . Rule 2 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. - 2 - ... . . . .. . Rule 3 OUORUM 1. A majdrity of the entire membership of the councilor committees shall constitute a quorum for meetings. 2. A majority vote of the entire membership shall be necessary to take any action. 3. Public hearings, workshops, site visitations and meetings not requiring any action may convene with less than a majority. 4. During the course of any meeting, a majority of less than a quorum may recess until a quorum has been established. - 3 - . . ., . Rule 4 OFFICERS AND THEIR DUTIES 1. Presidina Officer. The chairperson of the council shall be the presiding officer of the council. In the absence of the chairperson, the vice-chairperson shall preside. In the absence of the vice-chairperson, the chairperson of the Committee on Finance shall preside and shall have the right to vote as other members; however, when the chairperson is temporarily unable to perform his/her duties, the vice-chairperson shall have all the powers and be SUbject to all the duties of such chairperson. It shall be the duty of the chairperson: (a) To open the meeting of the council at the appointed hour by taking the chair and calling the meeting to order. (b) To announce the business before the council in the order prescribed by the rules. (c) To authenticate by his/her signature all acts of and doings by the council when necessary. - 4 - . . I . . (d) To receive all communications, bills, resolutions, and other ite~s from the public, the mayor, various departments of the government, and individual councilmembers, and to immediately make the proper referrals of these matters brought before the council to the appropriate committee chairperson(s). All communications shall be numbered and made available for the public. (e) May authorize waiver requests for items to be waived to the Council agenda upon written approval of the committee chair. (f) To maintain order and proper decorum at all meetings. The chairperson shall not engage in debate or discussion of any issue by the council. He/she may do so by first relinquishing the chair to the vice-chairperson. (g) To vote in case of a tie, or when the MayeM and MnoM vote is demanded. (h) To provide for the coordination of all administrative activities and to see that they are honestly, efficiently and lawfully conducted. - 5 - . . (i) To sign all instruments requiring execution or agreement approved by the council, that require council action. (j) To serve as the chief spokesman and representative for the council for matters before the public, the state and the federal governments, and the county administration, in accordance with the policies of the council. (k) To assist the chairpersons and members of committees and subcommittees by assuring the availability of adequate administrative and staff support inCluding managerial, administerial oversight. (1) To authorize (approve or deny) all travel requests of councilmembers and staff. (m) To develop a calendar of events to include council meetings, committee meetings, agenda deadlines, recesses, special meetings, holidays, etc. - 6 - . . . . . , 2. County Clerk. The county clerk shall be appointed by and serve at the pleasure of the council under the direct supervision of the chairperson. It shall be the duty of the county clerk, in addition to those duties prescribed by law, including section 3-6(b) of the County Charter: (a) To have charge of all the records of the council and to be responsible for same. (b) To read bills, resolutions, and other matters to the council, if so required. (c) To forward at once to the council members all applicable communications and other matters related to the Council's business. (d) To serve in all matters as clerk of the council and to perform all clerical and office duties pertaining to such position as the council shall from time to time direct, as well as other duties as shall by law or these rules, or rules hereafter adopted, be assigned, or such as properly pertain to such position. (e) To preside over staff meetings. (f) To exercise direct supervision over agencies and the staff of the legislative branch of the county. (g) To be the authorized representative for the Committee on the Destruction of Records. - 7 - . . - . 3. Committee ChairDerson. (a) The chairperson of each committee shall call meetings, preside at all meetings and prepare and be responsible for their resp~ctive agenda for each meeting. The vice-chairperson shall perform the duties of the chairperson in his/her absence. (b) The chairperson of each committee shall receive all referrals to the committee. The committee chair may place referrals on the agenda provided that bills, resolutions or matters required by law for council action shall be placed on the committee agenda within the next two scheduled meetings. Any councilmember(s) may request the chair to place items onto the respective agenda. (c) The chairperson may authorize a written request for an item to be waived from committee to the council agenda. - 8 - . . . .. Rule 5 COMMITrEES 1. There shall be four (4) kinds of committees,' namely: (a) Standing Committees (b) Subcommittees (c) Ad Hoc Committees (d) Committee of the Whole 2. The members of the council shall appoint all standing committees and designate the committee chairperson and vice-chairperson of each committee, by resolution. 3. The chairperson of the council shall be an ex-officio member of all committees with voting privileges. The council chairperson may be counted towards constituting a committee's quorum, if needed. 4. The committee guidelines are as follows: (a) Whenever any matter is referred to a standing committee, ad hoc committee, or committee of the whole, it shall be the duty of the committee chairperson to make diligent inquiry into all the facts and circumstances connected with such matter. Witnesses, department heads, etc., may be summoned and examined; documents and records researched; and everything done to bring all facts pertaining to such matter before the committee. - 9 - . . . . All referrals forwarded to the standing committees shal~, upon compliance with the mandated six calendar day posting notice, be placed on the agenda of the respective standing committees upon the direction of the committee chair. (b) Written testimonies shall be received for the record on any agenda item. Oral statements from any member of the public desiring to speak shall abide by the fOllowing: (1) All speakers desiring to speak on matters listed on the agenda will register prior to the convening of the meeting giving their name, address, the organization they represent, if any, and the subject they wish to speak on. Any speaker may speak for three minutes sUbject to the discretion of the committee chairperson. (2) Those speaking are requested to direct their remarks to the committee, not to any individual councilperson or individual person in the audience. No profanity or abusive remarks will be allowed during the course of testimony. (3) Councilmembers, upon recognition by the chairperson, may be allowed to question the speaker. - 10 - . . . . (4) If possible, fifteen (15) written copies of the testimony should be prepared for presentation to the committee 24 hours prior to convening of the meeting. (5) Any person may speak on matters not on the agenda at the end of the committee business. Any person may speak for three minutes subject to the discretion of the committee chairperson. (6) Any person who does not abide by these rules shall be ruled out of order. (c) A recommendation or determination by the committee shall be dispensed with by a formal motion and vote. (d) A committee may expedite its business by means of referring matters to a subcommittee or a joint committee or an ad hoc committee. (e) A public hearing may be held by an affirmative vote of the majority of committee members, upon notification to the chairman of the council. The public hearing may be held in the area or district affected. - 11 - . , . . (f) All council members, though not members of the commi~tee, are invited to attend and participate in the discussion on all matters brought before the committee but will not have a vote. However, first priority participation will be extended committee members. - 12 - . . # , Rule 6 STAImIRG COMMITTEES 1. There.shall be four (4) standing committees, and these standing committees shall be: (a) Committee on Finance (b) Committee on Planning (c) Committee on Public Works and Parks (d) Committee on Human Services and Economic Development The Chairman, Vice Chairman, and committee members 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 Pinance: Matters related to auditing, budget, capital improvement projects, lease agreements, appropriations, general Obligation and revenue bonds, taxes, inter-governmental revenues, licenses, fees, liquor control, pOlice and fire protection, personnel transactions, policy, and civil defense. - 13 - # , . . Matters related to the establishment of the annual county operating and capital budgets, including the setting of real property tax rates. Matters related to state and/or federal' legiSlation, Hawaii State Association of Counties, National Association of Counties, State/County overlapping functions, and federal, state, and county agencies relations. (b) Committee on Plannina: Matters related to improvement districts, general plan, community development plan subdivision control, zoning/land use, infrastructure requirements, coastal zone management, forestry, historic sites and trails, water and water development, street names, and public access. (c) Committee OD Public Works and Parks: Matters related to management of publiC facilities, building, fire, plumbing and related codes, dedication deeds, street dedications, easements, solid and hazardous waste disposal, se~age, improvement districts, cemeteries, highways, flood and drainage, public utilities, animal control, traffic - 14 - . . ~ , control, sign regulations, and beautification. Matters related to transportation/mass transit, parks and recreation and youth and elderly affairs. (d) Committee on Human Services and Economic DeveloDment: Matters related to energy and related industries, research and development, market development, tourism development, education development, scientific research, food processing, astronomy, and space projects, sugar, diversified agriculture/aquaculture, foreign trade zones, enterprise zones, telecommunications, industrial activities, fish and game, and other research and economic development programs. Matters related to human services & social service agencies and non-profit programs. - 15 - ~ . . . Rule 7 SUBCOMMITTEES A standing committee may by adoption of a motion establish a subcommittee, the chairperson of the standing committee shall remain as chairperson of the subcommittee unless otherwise specified by a majority of the members of the standing committee. The members of any subcommittee shall be members of that standing committee and shall consist of not less than three (3) members. All subcommittees shall report its findings to the standing committees. ~ ~ - 16 - " II> . . Rule 8 AD HOC COMMITl'EES Ad hoc committees may be appointed from time to time as the need arises, and shall consist of not less than three (3) members. The ad hoc committee chairperson and members shall be appointed by the chairperson of the initiating standing committee. - 17 - #II . . . Rule 9 COMMITTEE OF THE WHOLE The counci~ may, as the need arises, resolve itself into a committee of the whole by the adoption of a motion to the effect, on any bill, resolution or matter for discussion. The chairperson of the council shall remain as chairperson of the committee of the whole unless otherwise specified by a majority of the members of the council. The rules of procedure which govern the council shall be observed in any committee of the whole except that any member may speak more than once on the same subject, but not until every member choosing to speak shall have spoken. The county clerk shall be the clerk of the committee of the whole and shall make a complete record of the proceedings thereof which shall be kept as one of the pUblic records of the council. - 18 - fa . . . Rule 10 COMMITTEE REPORTS 1. Standing committees shall report from time to time upon those matters referred to them. 2. Ad hoc committees shall report within thirty (30) days upon those matters referred to them, unless further time is allowed by vote of the appropriate standing committee. 3. Any committee of the whole shall, on motion duly adopted, report its findings and recommendations, or, if the matter under consideration is not concluded, shall defer same at some future date. 4. 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 may be consulted, witnesses may be summoned and examined, documents and records searched and everything done to bring all facts pertaining to such matter before the council. 5. The report of a committee on any matter shall state the findings of facts and conclusions based thereon, together with a clear recommendation as to the disposal of such matter. 6. The report of a committee on a bill or resolution shall state clearly the amendments, if any, proposed; however, no bill or resolution may be amended so as to change its original purpose. - 19 - . . . 7. The committee report shall indicate the recommendation of the Committee and be signed by its chairperson. The report shall indicate the vote of the committee. 8. Whenever a committee fails to agree, the majority shall report and the same shall be the report of the committee. The minority of the committee may file a separate report. In the event that committee members are evenly divided on any question, the subject matter shall remain in committee. 9. All bills, resolutions and matters requiring council action shall be forwarded to the Council by committee report with its recommendation. 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 requiring council action shall be introduced on the council floor by the committee chairperson or the member introducing the legislation. - 20 - . . . . Rule 11 VOTING 1. There shall be seven (7) methods of voting: (a) By voice vote (b) By raising of hands (c) By signing as concurring with a committee report (d) By ballot (e) By rising (f) By unanimous consent (g) By roll call 2. Except on procedural motions, all voting shall be by roll call vote. 3. On procedural motions, the chairperson, after stating the question, shall call for an -aye- and -no- voice vote and thereupon announce the result. 4. If any member shall doubt the result as announced, the chairperson shall again state the question and call for a vote by raising of hands. The county clerk shall count the raised hands and the chairperson shall announce the result. - 21 - . 4 . . 5. voting on every bill, resolution, or non-procedural motion shall be by roll called by the county clerk. Each member, when called, shall answer in a clear voice -aye,- if voting in the ~ aff~rmative, 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 to the council. 6. An affirmative vote of at least two-thirds of the entire membership of the council shall be required for the following: (a) To override the mayor's veto. (b) To find that an emergency exists due to a public calamity in order to waive the requirements of Section 3-12 of the County Charter pertaining to emergency ordinances. (c) To authorize the emplOYment of special counsel. (d) To adopt an ordinance initiating amendments or revisions to the County Charter. 7. No member shall refrain from voting unless excused by the presiding officer or is, otherwise, excused as provided herein. Unless a member is excused from voting, silence shall be recorded as an affirmative vote. - 22 - . . . . 8. Any member who has a personal interest, direct or indirect, in any action proposed or pending before the council, shall disclose such interest prior to the taking of any vote thereon. Any member who has a subs~antial financial interest directly affected in any action proposed or pending before the council shall refrain from deliberating on said action and shall be excused from voting on the matter thereon. A written statement to the chair shall be submitted. "Substantial" means an interest which is sufficient in magnitude to influence one's official action. "Financial interest" means an interest held by an individual, his or her spouse, or dependent children which is (a) an ownership interest in a business, (b) a creditor interest in an insolvent business, (c) an employment, or prospective employment, for which negotiations have begun, (d) an ownership interest in real or personal property, (e) a loan or other debtor interest, (f) a directorship or officership in a business. 9. Whenever the ayes and noes are called, no one shall be permitted to explain their vote. After the announcement of the result, no one shall be permitted to change their vote. - 23 - f . . . 10. In the event of a tie vote, the following procedures will be promulgated: (a) In the case of a tie vote on any matter considered by a committee, the committee shall place the matter on the agenda of the committee's next meeting. Should the tie vote continue, the matter shall then be referred to the Council with no recommendation. (b) In the case of a tie on any matter considered by the Council, the matter shall be placed on the agenda at the next council meeting. However, should the Council be unable to derive any majority vote on any matter due to abstentions or members being excused from voting, the motion shall be determined to have been denied. In determining the motion as having been denied, the matter need not be filed by a motion adopted by the majority of the Council. - 24 - . . . . Rule 12 PETITIONS AND MEMORIALS 1. Any person may petition the council. Petitions and other memorials shall be in writing, signed by the petitioners. 2. All petitions, memorials and other papers addressed to the council shall be presented by the chairperson, or by a member in his/her stead, and shall be endorsed by the person presenting it, and the subject matter of the same. 3. A brief statement of the contents of any petition, memorial or other paper shall be made verbally by the one presenting the same. 4. All memorials which do not have a major impact or which do not affect a significant number of people which are received less than six (6) days before the regular meeting date of the council may be considered at such meeting upon a two-thirds vote by the council. - 25 - t & . . Rule 13 MOTIONS 1. No motion may be received and considered by the council until the same has been seconded. 2. Motions and amendments may be verbal, but shall be reduced to writing, if requested by the presiding officer, and shall be read if so requested by at least three (3) members. 3. After a motion is stated or read and it is deemed to be in the possession of the council, it shall be disposed of by vote of the council. However, any motion may be withdrawn by the movant with consent of the member who seconded the motion at any time before a decision or amendment. 4. Whenever any question whatsoever is under discussion, the motions relative thereto shall be: 1st, to lay on the table; 2nd, previous question; 3rd, to postpone to a certain time; 4th, to commit (or refer); 5th, to amend; 6th, to postpone indefinitely; 7th, to close the file on subject matter; which motions shall have precedence in the order listed. The first two motions shall be decided without debate and shall be put as soon as made. - 26 - 4 . . . . (a) Previous OUestion. The object of a motion for the previous question is to cut off debate. Whenever the 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. (b) Postoone Indefinitelv. 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 question unless by consent of the majority of the council. 5. When any of said motions' 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 are negative as aforesaid, the only remaining question shall be as to the passage or adoption of the bill, resolution, or other main question. - 27 - . , . . Rule 14 RECONSIDERATION 1. When a motion has been once made and carried in the affirmative or negative, it shall not be in order for any member who voted in the minority to move for reconsideration thereof; but any member who voted with the majority may move to reconsider it at the same meeting or at the next regular adjourned meeting, and such motion shall take precedence over all other questions except a motion to adjourn. An issue shall not be reconsidered more than once unless by consent of the majority of the council. 2. A motion to reconsider at the time a bill fails to pass final reading shall not be voted upon until after twenty-four (24) hours have elapsed. - 28 - . # . . Rule 15 MOTION TO ADJOURN A motion to adjourn is always in order and shall be decided without debate. One motion to adjourn shall not follow another without intervening business. - 29 - << , . . Rule 16 ACTIOR OR ORDINANCE When a proposed ordinance is taken up by the council, it shall be passed after two (2) readings on separate days. Reading of the bill may be by title only. The body of the bill shall not be defaced or interlined, but all amendments shall be duly entered by the county clerk as agreed to by the council. Reading of the bill and pUblic hearing thereon may be required by a one-third vote of the entire membership. - 30 - t . . . Rule 17 COUNCIL ORDER OF BUSINESS The followi'ng shall be the Order of Business for the Council: 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes 5. Statements from the Public on Items Listed on The Order of Business 6. Petitions, Memorials and Communications 7. Order of Resolutions 8. Bills for Ordinances (First Reading) 9. Order of the Day (Second or Final Reading) 10. Reports 11. Referrals for Executive Session 12. Other Business 13. Announcements 14. Statements from the Public 15. Adjournment written testimonies shall be received for the record on any agenda item. - 31 - , , . . Oral statements from any member of the public desiring to speak shall abide by the following: (a) All those desiring to speak on matters listed on the Order of Business will register with the county clerk prior to the convening of the meeting giving their name, address, the organization they represent, if any, and the subject they wish to speak on. Individuals wishing to speak on more than one SUbject shall register separately for each agenda item. Any speaker may speak for three minutes subject to the discretion of the presiding officer and must be present to speak for him or herself at time of calling. (b) Those speaking shall direct their remarks to the council, not to any individual councilperson or individual person in the audience. No prOfanity or abusive remarks will be allowed during the course of testimony. (c) No person will be allowed to speak twice on the same subject. (d) Fifteen (15) written copies of the testimony should be prepared for presentation to the council and submitted 24 hours prior to the convening of the meeting. - 32 - t ~ . . (e) Any person may speak on matters not on the agenda at the end of council business. Any person may speak for three minutes subject to the discretion of the presiding officer. (f) Any person who does not abide by these rules shall be ruled out of order. - 33 - , ~ . . Rule 18 ATrENDANCE No member shall/be absent from the meetings of the councilor committees unless leave has been granted by the chairperson, or is sick and unable to attend. - 34 - . II . . Rule 19 AMENDMENTS AND NEW RULES No rule of the council shall be altered or rescinded, nor any new standing rule be adopted unless six (6) days' notice of the motion thereof is first given to each member. - 35 - . t . . Rule 20 SUSPENSION OF RULES No rule of "the council shall be suspended unless by a majority of the members of the council. - 36 - f . . . Rule 21 ORDER. DECORUM 1. All hearings and meetings will begin promptly at the scheduled announced time. 2. A member must be recognized by the presiding officer before speaking. The member shall address the presiding officer when recognized and shall confine discussion to the question under debate and avoid personalities. 3. Any member who arrives late at a hearing or meeting shall refrain from taking the council's or committee's time with questions and inquiries on matters already discussed. 4. If any member behaves in" a disorderly or contemptuous manner during any session of the councilor committee, the presiding officer shall order such member to cease and shall preserve the peace. If the member persists, the presiding officer shall order the county clerk or a designated person to remove the member from the meeting and that member shall not be permitted to be seated during the remainder of the session except upon approval of the presiding officer. 5. Proper courtesy shall be extended to all witnesses, and witnesses shall be addressed by their surnames. - 37 - ~ , . . 6. Any person not a member of the council, who shall be guilty of disrespect to the councilor any committee by any disorderly or contemptuous behavior in its presence, or who disrupts the exercise of any legislator's function, may be removed from the meeting at the discretion of the presiding officer. 7. Any councilor committee member wishing to be excused for any length of time during the meeting must have permission of the presiding officer to do so. (Alternative, move for recess.) 8. It shall be the duty of the county clerk or a designated person to maintain order amongst those present as spectators, to attend all meetings, if so required, and to remove any person found in violation of Rule 21, Item 4 and 6 above, when duly requested by the presiding officer. 9. No member may speak longer than five (5) minutes, nor may any member speak more than twice on the same question without leave of the presiding officer, subject to an appeal to the council, unless the member is the maker of the motion or sponsor of the matter pending, in which case the member may speak in reply, but not until every other member choosing to speak has spoken. - 38 - " . . . Rule 22 ADMINISTRATIVE POLICIES AND PROCEDURES 1. The county clerk shall be responsible for the administration of the department. All division heads shall report to the county clerk. 2. All official requests of the staff by any member of the council shall be routed through the county clerk. 3. The legislative auditor shall, at the discretion of the council, conduct post audit of all transactions and of all books and accounts kept by or for all departments, offices, and agencies of the county. The legislative auditor shall be responsible for all projects assigned by the council and shall be held accountable to the council. 4. Courtesy copies of all official reports and replies from the staff shall be provided to the council chairperson routed through the county clerk. 5. All requests of the administration by the council shall be routed to the office of the mayor with courtesy copies going to the council Chairperson. 6. Requests for all out-of-state or inter-island travel by members of the councilor staff shall be approved by the council chairperson prior to such travel. - 39 - . . . . 7. All committee meetings or public hearings, other than those scheduled in the Hawaii county councilroom, shall have prior approval of the council chairperson. 8. A councilmember may be compensated for use of his/her private automobile subject to approval by using one of the following methods: (a) A monthly automobile reimbursement pursuant to Section 2-l0l(b), Hawaii County Code, or (b) A flat monthly allowance pursuant to Section 2-l0l(c), Hawaii County Code. 9. Appropriate per diem payments shall be made to council members and staff for intra-island, inter-island and out-of-state trips that have been approved by the council chairperson. 10. All other reimbursable expenses such as u-drive rentals, entertainment of guests, must have prior approval of the council chairperson before they can be incurred. Contracts and/or receipts must accompany demand for reimbursement. Reimbursement for unexpected expenses not having prior approval shall be considered on a case-by-case basis by the council chairperson. - 40 - . 4 . . Rule 23 NEWS REPORTERS News reporters wishing to take notes of the business of the councilor committees may be assigned such places by the Presiding Officer as will affect their object without interfering with the convenience of the meeting. - 41 - 4& , . . Rule 24 MANDATORY PROGRAM REVIEW PROCEDURES AIm DETAILS .aDJ1' ADDITIONAL REVIEWS 1. For the purpose of meeting the basic mandate of Section 3-16, Hawaii County Charter, Relating to Mandatory Program Review, the budget review, the departmental program review and the adoption process shall be interpreted as meeting the mandate. 2. Each standing committee may conduct a more in-depth review of any program area assigned by Rule 6. Recommendations by a committee may be forwarded to the council for implementation. 3. The council, through a committee may request a program review report from the legislative auditor. 4. The Council may, by resolution, contract for a specific program review to be counted. - 42 - . .a . . Rule 25 CERTIPICATE OP MERIT iii EXPRESSION OP CONDOLENCE 1. Certificates of merit and expressions of condolence are non-legislative in nature and require no formal council action. 2. Certificates of merit and expressions of condolence are intended to convey the county's condolences on the death of any exceptional public personality in or out of government who has contributed significantly in some way to the Big Island or the State of Hawaii. 3. The sponsoring council member shall be responsible for the securing of firm commitments to sign the certificates and expressions of condolence from other council members. Any conflicts regarding sponsorship or duplicate requests shall be referred to the council chairperson. 4. The sponsoring council member shall inform the county clerk as to the necessary particulars. A certificate of merit shall include the name of the honoree and a brief description of the act or achievement to be cited. s. Certificates shall be issued to the honoree only. True copies of any certificate shall not be issued to spouses, officers, sponsors or the like, who are not directly involved unless in the case of an Expression of Condolence. - 43 - . , . . RULE 26 ADOPTION 01' RESOLUTIONS Resolutions are non-legislative "acts of the council and do not have the force and effect of law. There shall be two basic types of resolutions which may be processed, namely, FORMAL RESOLUTIONS and INFORMAL RESOLUTIONS 1. Pormal Resolutions. This type of resolution represents an official council expression and, therefore, generally has considerable weight. There are three categories of formal resolutions: (a) Official decision (1) Resolution organizing the council and staff; (2) Resolution delineating the council's rules of procedure; (3) Resolution calling for moratoriums on parking meter usage, traffic control, etc.; (4) Resolution tendering assurance of participation for certification requirements mandated by federal or state agencies, e.g., HUO, block grants; (5) Resolution approving multi-year leases, purchases, contracts, etc.; (6) Resolution amending the salary ordinance; - 44 - . J . . (7) Resolution approving the naming of streets; (8) Resolution transferring funds. (b) Legislative-like (1) Resolution establishing real property tax rates; (2) Resolution authorizing eminent domain proceedings; (3) Resolution revising county fuel tax rates; (4) Resolution relating to the abandonment or disposition of county lands; (5) Resolution on initiative and referendum proceedings; (6) Resolution calling for the inclusion of charter amendment proposals at the next general election. (c) Official request or. opinion (1) Resolution requesting information or a study to be conducted; (2) Resolution calling for state or federal action. 2. Informal Resolutions. Generally, addresses subjects having less impact than formal resolutions and are categorized as follows: (a) Automatic (1) Resolution honoring retiring county elected officials; (2) Condolence resolution on the death of any incumbent county-elected official. - 45 - . . . . (b) Optional. A councilmember may introduce the following kinds of optional resolutions: (1) Condolence resolution on the death of former elected or top level appointed office holders in the county, state or federal government, but not spouse of or relative thereof; (2) Condolence resolution on the death of any exceptional public personality in or out of government who has contributed significantly in some way to the Big Island or the State of Hawaii. - 46 - . . . . Rule 27 WHEN RULES ARE SILENT .The rules of parliamentary practice as laid down by Robert's Rules of Order, Revised, where not inconsistent with these rules, shall govern the council. - 47 - . . . . Rule 28 INVOCATION For the purposes of this rule, the following definitions apply: "Church" shall mean body, group or organization of religious believers. "Invocation" shall mean a prayer or entreaty to a higher authority. "Minister" shall mean one who officiates over or leads a church worship service. "Non-denominational" shall mean without regard to the tenets of a particular church. The invocation noted in Rule 17 of these Rules of Procedure, coming after the Roll Call and before the Approval of Minutes on each Council meeting agenda, shall be delivered by a minister of a church. The Council Chair shall approve the selection of the minister. The County Clerk's Office shall maintain a list of ministers of all faiths who have been asked to, or who have expressed an interest in, delivering the invocation. The participants on the list will be called rotationally so that no one individual is asked to say the - 48 - . . . ~ invocation more than a few times per year. If a participant on the list is asked, and declines more than three different Council meeting dates, he or she will be passed over for the reminder of that calendar year. This program of invocation shall be non-denominational. For the purpose of this Rule, all ministers who are on the list as of the adoption date of this rule will be maintained on the list until they ask to have their name removed. Ministers who would like to become part of the list maintained by the County Clerk's Office subsequent to the adoption of this Rule, will be asked to submit, on their church letterhead, their name, church address, home address, church phone number and home phone number to the Clerk. - 49 -