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Home My WebLink AboutRES 120 Draft 01 2008-2010COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 120 09 A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the Rules of Procedure and Organization of the Council of the County of Hawai `i ("the Rules") governs the affairs of the council; and WHEREAS, the Rules was adopted by the current council via Resolution No. 04-09 on December, 1, 2008; and WHEREAS, Rule No. 24, subsection (e), requires any bill or resolution up for final reading that is amended be held over to the next regular meeting, with the exception of the annual budget bill and those amendments that correct manifest clerical or typographical errors in numbering, spelling, capitalization, punctuation, grammar, and gender terms, provided further that any correction does not alter the meaning or effect of the bill or resolution so amended; and WHEREAS, the Office of Information Practices issued Opinion No. 01-06, dated December 31, 2001, stating in part that Hawaii Revised Statutes, chapter 92, otherwise known as the "Sunshine Law," would not prohibit a board from proposing major amendments to a proposal after hearing public testimony on the item, and then proceeding to adopt the amended proposal without reopening public testimony so long as all public testimony, deliberation, and decision making all took place during the same meeting; and WHEREAS, the council wishes to amend the Rules by amending Rule No. 24, Bills and Resolutions, by deleting subsection (e) in its entirety; and WHEREAS, the council finds that this amendment will provide for a more efficient and effective means of procedure for the legislative branch of the County of Hawaii, and that such amendment is in accord with the findings and position of the Office of Information Practices, as issued in Opinion No. 01-06; and WHEREAS, this proposed amendment to Rule No. 24, Bills and Resolutions, subsection (e) is contained within the attached document labeled "Exhibit A" and indicated by Ramseyer format, whereby material to be deleted is bracketed and stricken through; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Rules of Procedure and Organization of the Council of the County of Hawaii is hereby amended by the deletion of subsection (e) of Rule No. 24, as indicated by the attached document labeled "Exhibit A"; and BE IT FURTHER RESOLVED that the Rules of Procedure and Organization oflhe Council of the County of Hawai `i, as amended, shall be transmitted in full to the County Clerk for reprographic purposes and dissemination to all appropriate parties. Dated at Kona , Hawaii, this 22nd day of Anril , 2009. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL 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 A r i l ,2y 7 0 QA ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL AYES NOES ABS IiX ENRIQUES }{ FORD }{ GREEN W ELL X HOFFMANN g IKEDA X NAEOLE g ONISHI X YAGONG X YOSHIMOTO X 0 9 0 0 Reference: C-275/Waived PWIRC RESOLUTION NO. 120 EXHIBIT A RULE NO. 24 BILLS AND RESOLUTIONS 1. General Procedures. (a) A bill or resolution may be introduced by any Council Member(s). The original copy of any bill or resolution shall be in typewritten form, dated and signed by the introducers) prior to consideration. (b) In order to be considered for placement on the Council or Committee agenda, all bills, resolutions, petitions, and other communications shall be filed with the Clerk by 12:00 P.M., Noon, on the ninth calendar day preceding the day of the Council meeting or by 12:00 P.M., Noon, on the eleventh calendar day preceding the day of the Committee meeting. Any bills, resolutions, petitions, and communications received later than said time shall be placed on the agenda of the next regular meeting. (c) 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. (d) Readings of bills or resolutions may be by title only, except that a full reading may be required by one-third vote of the entire membership. (Sections 3-9 and 3-10(a), Hawai i County Charter) \...~ n uw vi i~.oviuuvii uN ivi ~inm icuv •••, FM-,~' ...J,..J ..., tM.. Fl..... ~L.~II ..4...1 .,~ tM.. t'... ..F FL... Fl.. ...J.......~ c' I ~ivi vc ~' .. L. -. ...J...J 4.:11 .. ..I t'.. ~L.,11 ....~ L... t-.I..... ..t-'I tl. .ti /1\ TL... -. ,I L. .J..,.F L.'Il .. -...t 4,. n.+'.-L. 1I1 ..F ~L, U-. \i/ ~ i is wiiium vuvyc~ um, i i i i i 3 g%nuc~ ~cin~a, pivviucu u~m u~cc~ .~ 2. Bills (Section 3-10, Hawaii Countv Charter). (a) Ordinances shall be initiated as bills which shall be passed only after two readings on separate days except as otherwise provided by law. Reading of bills may be by title only. (b) Every ordinance of the council shall embrace but one subject, which subject shall be expressed in its title. If an ordinance embraces a subject not expressed in its title, only that subject shall be void. (c) Bills embracing: (1) The fixing of special assessments for the cost of improvements, (2) The appropriation of public funds or authorization of the issuance of general obligation bonds or (3) The imposition of a duty or penalty on any person, shall pass first reading by a vote taken by ayes and noes, and digests of such bills shall be advertised once in at least two daily newspapers of general circulation in the County, with ayes and noes, at least three days before final reading by the Council. Not less than three copies of such bills shall be filed for use and examination by the public in the Office of the County Clerk at least three days prior to the final reading thereof. (d) A bill shall not be amended to change its original purpose. An amended bill shall, upon aone-third vote of the entire membership, be laid over for at least one week before final reading. (e) A motion to reconsider made at the time any bill fails to pass final reading shall not be voted upon until after twenty-four hours. (f) Ordinances shall become effective upon approval by the Mayor or at such later date as may be specified therein. (g) A bill may incorporate therein any standard technical code or portions thereof by reference. The code, or portions, need not be published in the manner required for ordinances, but not less than three copies thereof 4 shall be filed for use and examination by the public in the Office of the County Clerk, and notice of the availability of said copies shall be published by the Clerk. (h) After enactment, ordinances shall be published once in at least two daily newspapers of general circulation in the County. Such publication shall be by title only and shall specify the ayes and noes. 3. Emeroencv Ordinances (Section 3-11, Hawai i County Charter. The County Council may adopt emergency ordinances to meet public emergencies affecting life, health or property. Such ordinances may not be used to levy taxes, authorize the borrowing of money or to grant, renew or extend franchises. Emergency appropriations may be made pursuant to Section 10-8, Hawaii County Charter. Emergency ordinances shall be plainly designated as such and shall contain a declaration describing the emergency in clear and specific terms. Any emergency ordinance may be considered and adopted after one reading, with or without amendment, or be rejected at the meeting at which the same is introduced. The affirmative vote of all Council Members present or by two-thirds of the entire membership shall be necessary for adoption of such ordinances. Emergency ordinances shall be published in the same manner prescribed for other adopted ordinances and shall become effective upon approval by the Mayor or at such later time, preceding automatic repeal, as the same may specify. Amendments to any emergency ordinance shall be adopted in the same manner prescribed for adoption of emergency ordinances. Every emergency ordinance, including any amendments made after adoption, shall automatically stand repealed as of the sixty-first day following the date of adoption of the original ordinance. 4. Submission of Bills to the Mavor (Section 3-12, Hawaii County Charter). Every bill adopted by the Council shall be duly authenticated by the Clerk and the Chairperson and thereupon presented to the Mayor for approval. Such bill shall become effective as an ordinance upon its approval or such later date as specified therein. If the Mayor disapproves a bill, the Mayor shall return the bill together with any objections in writing to the Clerk within ten days (excluding Saturdays, Sundays, and legal holidays) after receipt. If the Mayor does not act within such ten-day period, the bill shall become effective as an ordinance as if the Mayor had approved it. The objections of the Mayor shall be entered in the journal of the Council and 5 the Council may, after five and within thirty days after the bill has been so returned, reconsider the vote upon the bill. If the bill, upon such reconsideration, is again passed by the affirmative vote of two-thirds of the entire membership, the Chairperson shall verify that fact on the face of the bill and such bill shall become effective as an ordinance with like effect as if approved by the Mayor. A bill failing to pass upon such reconsideration shall be deemed lost. If any appropriation bill is presented to the Mayor, the Mayor may veto any item or portion thereof by striking out or reducing the same. The Mayor shall append any objections and the reasons therefore to the bill at the time of signing, and the item or portion thereof so vetoed shall not take effect unless the Council shall reconsider the vote on the bill and, upon such reconsideration, the bill is again passed by the affirmative vote of two-thirds of the entire membership. In the case of the annual operating budget, the Mayor shall return the bill to the Clerk within ten (10) calendar days of receipt of the bill. (Section 10-5, Hawaii County Charter) 5. Resolutions. Resolutions are non-legislative acts of the Council and, except as otherwise provided by law, no resolution shall have the force and effect of law. There shall be two basic types of resolutions which may be processed: (a) Formal Resolutions. This type of resolution represents an official Council expression and, therefore, generally has considerable weight. There are three categories of formal resolutions: (1) Official decision. (A) Resolution organizing the Council and staff; (B) Resolution delineating the Council's rules of procedure; (C) Resolution calling for moratoriums on parking meter usage, traffic control, etc.; (D) Resolution tendering assurance of participation for certification requirements mandated by federal or state agencies, e.g., HUD, block grants; (E) Resolution approving multi-year leases, purchases, contracts, etc.; (F) Resolution amending the salary ordinance; and (G) Resolution transferring funds. (2) Leoislative-like. 6 (A) Resolution establishing real property tax rates; (B) Resolution authorizing eminent domain proceedings; (C) Resolution revising county fuel tax rates; (D) Resolution relating to the abandonment or disposition of county lands; (E) Resolution approving a development agreement; (F) Resolution on initiative and referendum proceedings; and (G) Resolution calling for the inclusion of charter amendment proposals at the next general election. (b) (3) Official request or opinion. (A) Resolution requesting information or a study to be conducted; (B) Resolution calling for state or federal action; and (C) Resolution to a department head requesting information or review of a specific issue or item. Informal Resolutions. Generally address subjects having less impact than formal resolutions and are categorized as follows: (1) Automatic. (A) Resolution honoring retiring County elected officials; and (B) Condolence resolution on the death of any incumbent County-elected official. (2) O tp Tonal. A Council Member may introduce the following kinds of optional resolutions. (A) 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; and (B) Condolence resolution on the death of any exceptional public personality in or out of government who has contributed significantly in some way to Hawaii County or the State of Hawai i. 7