HomeMy WebLinkAboutRES 002 Draft 01 1992-19944
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION
ADOPTING NEW RIILES OF PROCEDORE
OF THE COONCIL OF THE COIINTY OF HAWAII
BE IT RESOLVED BY THE CODNCIL OF THE COIINTY OF HAWAII that
the attached Rules of Procedure of the Council of the County of
Hawaii are hereby adopted to govern the affairs of the Council.
Dated at Hilo, Hawaii, this 7th day of December, 1992.
INTRODO 8 Y:
i I MBER, COIINTY OF HAWAII
COUNTY COUNCII.
County of Hawaii
HHo. Hawaii
I hereby «rtify that the fon:going RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL
of the County of Hawaii on December 7 . 1992 ,
ATTEST:
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
X
X
X
X
SCHU7TE
~ ~. Referen«
(COU TY LERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~i 9Z
R~Lc'S OF ?RCCcD~Fc
OF Tic COUNCIL OF Tyr
CCUNTY OF dAWAII
Rule 1
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 Wednesday be a public
holiday. The regular meeting date may be changed by a majority
of the council upon the giving of six (6) days notice to the
public and the council or by a motion duly adopted at a regular
or special meeting.
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 13-20 of the County Charter.
3. The council chairperson shall be authori2ed to schedule
or reschedule the time, date and/or subject matter of its regular
or special meeting and to publish public notice thereof. 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
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.
Rule 3
QIIORIIM
1. A majority of the entire membership of the council shall
constitute a quorum and the majority vote of the entire
membership shall be necessary to take any action.
2. A majority of less than a quorum may adjourn from day to
day and shall have power to compel the attendance of absent
members.
3. 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.
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ld1 To adopt ar, ordinance ir,it:at:ng amer.dmen.s ~_
revisions to t::e Countt Charter.
Rule 4
OFFICERS AND THEIR DUTIES
1. Presiding 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, that when and so long as 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.
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(d) To receive all ,communications from *.he public, *_he
mayor, various departments of the government and to
immediately make the proper referrals of these
ma*_ters brought before the council to the
appropriate committee or committees and all
councilmembers. All communications shall be
numbered and made available for the public.
Communications shall be placed on the agenda of the
Council or Committees upon the direction of the
Chairman of the Council or Committee Chairs or at
the request of any councilmember. when deemed
advisable, the chairperson of the council with the
written approval of the respective committee or
subcommittee chairperson, may waive the referral(s)
to the affected committee and refer the item(s) to
the council for appropriate action.
(e) 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.
(f) To vote in case of a tie, or when the 'aye" and
'no" vote is demanded.
(g) To pzovide for the coordination of all
administrative activities and to see that they are
honestly, efficiently and lawfully conducted.
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(n) To sign ali instruments requiring execuc_or. cr
agreement by _he count±:, subject to prier accrr;s_
by a ma;oric~ of cour,ci:memcers.
(i) :o serve as the ....ief spokesman and representac_~e
for the council for matters before the ouclic, the
state and the federal governments, and the cour,t.~
administration, in accordance with the policies o'_
the council.
(j) To assist the chairpersons and members of
committees and subcommittees by assuring the
availability of adequate administrative and staff
support.
(k) To approve all travel requests of councilmembers
and staff.
(1) To develop an annual calendar of events to include,
but not be restricted to council meetings,
committee meetings, recesses, special meetings,
holidays, etc.
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 3-7(b) of the County Charter:
(a) To have charge of all the records of the council
and to be responsible for same.
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(b) To read bills, resolutions, and other matters to the
council, if so required.
(c) To forward at once to the council members all
communications and other matters.
(d) To forward to the appropriate committee all
petitions, resolutions, bills or other matters, as
may be duly referred to such committee.
(e) To serve in all matters as clerk of the council and
to perform all clerical duties and offices
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.
(f) To preside over staff meetings.
(g) To exercise direct supervision over agencies and the
staff of the legislative branch of the county.
3. Committee Chairperson. The chairperson of each
committee shall call meetings, preside at all meetings and prepare
and be responsible for their respective agenda for each meeting.
The vice-chairperson shall perform the duties of the chairperson
in his/her absence.
The committee chairperson of each committee shall receive
all referrals to the committee. The referrals shall be placed on
the agenda of the committee upon the request of any councilmember,
whereupon the committee chairperson shall schedule the matter
wi*_hir. *_he nex*_ two committee meetings after such request.
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4
Rule 5
COMMIT'~EES
~. :"ere shall be four (4) kinds of committees, nameiv:
(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.
3. The chairperson of the council shall be an ex-officio
member of all committees without voting privilege.
4. The committee guidelines are as follows:
(a) Whenever any matter is referred to a standing
committee, ad hoc committee, oc 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.
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All referrals forwarded to the standing committees
shall, 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 or at the request
of any councilmember and shall be voted upon within
the next two standing committee meetings.
(b) Written testimonies shall be received for the cecord
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.
(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.
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(4) If possioie, cen (1']) :~ritte.^. copies o. :.._
testimony should be prepared or presec.a..z-.
co t:^.e cortmi._ee prior .o cocver.:ng o' =ca
meeting.
(S) Any person .+ho does not abide by -i:ese rules
shall be ruled out of order.
(6) Any person may speak on matters nor on the
agenda at the end of the committee business.
(c) After hearing testimony on a matter before the
committee, the committee chairperson may close the
discussion and take it under advisement. Vote on
the matter may be postponed and taken at anytime
afterwards.
(d) Formality of a motion and vote on a recommendation
or determination may be dispensed with, however,
the committee chairperson may call for a motion and
vote if it is necessary.
(e) A committee may expedite its business by means of
referring matters to a subcommittee or a joint
committee or an ad hoc committee.
(f) The chairperson of a committee, upon notification
to the chairperson of the council, may call for a
hearing by the committee if it is the desire of its
members and said hearing may be held in the area or
district affected.
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(g) All council members, though no*_ members of the
committee, 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.
(h) A majority of the members of a committee, including
the committee chairperson, shall constitute a
quorum for a committee meeting. A majority or less
may conduct a hearing, meeting, and committee
business, but a quorum shall be necessary to take
any formal or binding action.
Rule 6
ST1-NDING COMMITTEES
1. There shall be three (3) standing committees, and these
standing committees shall be:
(a) Committee on Finance
(b) Committee on Planning
(c) Committee on Human Services and Public Works
The Chairman, Vice Chairman, and committee members shall
be determined by resolution.
2. The scope and functions of the standing commi=tees shall
include bu*_ not be limited to the following:
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(a) Committee on Finance:
Matters reia_ed co auditing, budce=, cap:_s_
improvement pro,ects, ease agreements,
aperopriacior.s, ge.^.eral ob_igacicc and =eve~~e
bonds, taxes, inter-governmental revenues,
licenses, fees, liquor control, police and _f'_re
protection, personnel transactions, policy, and
civil defense. Matters related to the
establishment of the annual county operating ar,d
capital budgets, including the setting of real
property tax rates, shall be referred to the
Committee of the Whole.
Matters related to state and/or federal
legislation, Hawaii State Association of Counties,
tlational Association of Counties, State/County
overlapping functions, and federal, state, and
county agencies relations.
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(b) Committee on Planning:
Matters related to improvement districts, general
plan, annual report, community development plan
subdivision control, zoning/land use, coastal zone
management, forestry, historic sites and trails, water
and water development, and public access.
Matters related to energy, research and development,
market development, tourism development, scientific
research, food processing, manganese development,
astronomy, and space projects, sugar, diversified
agriculture, fish and game, and other research and
development programs.
(c) Committee on Human Services and Public Works:
Ma*_ters related to management of public facilities,
building codes, dedication deeds, stree*_ dedications,
easements, human services, solid and hazardous waste
disposal, sewage, improvement districts, cemeteries,
highways, flood and drainage, public u*_ilities, animal
control, traffic control, sign regulations, and
beautification.
Matters related to transportation/mass transit, and
parks and recreation.
Matters related to social service agencies, youth and
elderly affairs.
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Rule 7
SUBCOMMITTEES
a standing committee may by adoption of a motion es_ac:isr. a
subcommittee, the chairperson of the standing committee s'.^.ai~
remain as chairperson of the subcommittee unless other~~rise
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.
Rule 8
AD HOC COMMITTEES
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.
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Rule 9
COMMITTEE OF THE WHOLE
The council may, as the need arises, resolve itself into a
committee of the whole by the adoption of a motion to the effect.
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.
Matters Referred to the Committee of the Whole
When a bill, resolution or other matters shall have been
referred to a committee of the whole, the same may be read by only
the title by the county clerk. The body of the bill or
resolution shall not be defaced or interlined; but all amendments,
noting the page and lines, shall be duly entered by the county
clerk as the same shall be agreed to by such committee.
Matters related to the establishment of the annual county
operating and capital budgets, including the setting of real
property tax rates, shall be referred to the Committee of the Whole.
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Rule 10
COMMITTEE REPORTS
~. Standing committees shall report from time to tic.e uacr.
those ma__ers referred to them.
2. Ad hoc committees shall report within thir*_y (30) da.~s
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.
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6. The report of a committee on a bill cc resolution shall
state clearly the amendments, if any, proposed; however, no bill
or resolution may be amended so as to change its original purpose.
7. The committee report shall be signed by the chairperson
of the committee or the vice-chairperson due to the
unavailability of the 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 committee reports with the accompanying bill or
resolution shall be forwarded to the Council and upon compliance
with the mandated six (6) calendar day posting notice, shall be
placed on the Council agenda and shall be voted upon within the
next two council meetings. Committee reports shall be introduced
on the council floor by the committee chairperson or a designated
member of that committee.
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Rule 11
VOTING
:. .:ere sham be seven (i) methods of voting:
(a) 3y voice vote
(b) By raising of hands
(c) By signing as concurring with a committee report
(d) By ballot
(e) ey 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.
5. Votinq 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 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 to the council.
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6. 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 affirms*_ive vote.
7. 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 substantial 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. '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 zeal or personal property, (e) a loan or
other debtor interest, (f) a directorship or officership in a
business.
B. 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.
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9, In the event o: a tie vote, the following grocedur_s
will be gromuigated:
ia) In the case or a tie voce on ar.y matter cor.s_dere~
t./ a committee, the committee shall glace tae matter c..
cne agenda of the committee's next meeting. Should tae
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.
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.
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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.
Rule 13
!lOTI ONS
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.
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4. Whenever any question whatsoever is under discussion.,
.r.e mo_:ons re'ative thereto scai'_ oe:
:__, to .ay on the table;
2~d, 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.
(a) Previous Question. 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) Postpone Indefinitely. 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.
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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.
6. No member may speak longer than five (5) minutes, nor may
any member speak more than twice on the
leave of the presiding officer, subject
council, unless the member is the maker
of the matter pending, in which case th
reply, but not until every other member
spoken.
same question without
to an appeal to the
of the motion or sponsor
e member may speak in
choosing to speak has
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;
bu*_ 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 *_nan once unless by consent of the majozity of the council.
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2. A motion to reconsider at the time a bill fairs _~ _-s.
f_nal reading shall aoc be voted upon until after t~ency-four i<;;
:^o~rs nave elapsed.
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.
Rule 16
ACTION ON ORDINANCE
When a proposed ordinance is taken up by the council, it shall
be passed after two (2) re.
bill may be by title only.
defaced or interlined, but
the county clerk as agreed
and public hearing thereon
the entire membership.
-dings on separate days. Reading of the
The body of the bill shall not be
all amendments shall be duly entered by
to by the council. Reading of the bill
may be required by a one-third vote of
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Rule 17
ORDER OF BUSINESS
The following shall be the order of business:
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 an Ordinance (First Reading)
9. Order of the Day (Second or Final Reading)
10. Reports
11. Other Business
12. Announcements
13. Statements from the Public
14. Adjournment
written testimonies shall be received for the record on any
agenda item.
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Oral statements from a..^.y member of the ouolic desiring ~~
speak shall abide by the foliowina;
(a) All chose desiring to speak on matters listed on
the Order of 3usiness will register with the corn.;-
clerk prior to the convening of the meeting givinc
their name, address, the organization they
represent, if any, and the subject they wish to
speak on.
(b) Those speaking are requested to 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) If possible, ten (10) written copies of the
testimony should be prepared for presentation to
the council prior to convening of the meeting.
(e) Any person who does not abide by these rules shall
be ruled out of order.
Rule 18
ATTENDANCE
No member shall be absent from the meetings of the council or
committees unless leave has been granted by the chairperson, or
is sick and unable to attend.
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Rule 19
11MENDMENTS 1-ND NEW ROLES
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.
Rule 20
SOSPENSION OF ROLES
No rule of the council shall be suspended unless by a
majority of the members of the council.
Rule 21
ORDER, DECORIIM
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.
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4. If any member behaves in a disorderly or coneemct~oc;
Tanner during any session of tee council or committee, .^e
pres_d_ng ot'_icer shall order such memcer to cease and sr.all
preser•.~e tr.e peace. If tee 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 to
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.
6. Any person not a member of the council, who shall be
guilty of disrespect to the council or 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 council or 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.
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Rule 22
ADMINISTRATIVE POLICIES AND PROCEDORES
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.
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.
Requests for all out-of-state or inter-island travel by
members of the council or staff must be approved by the council
chairperson prior to such travel.
All committee meetings or public hearings, other than those
scheduled in the Hawaii county councilroom, must have prior
approval of the council chairperson.
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5. A monthly automooile ailowa:ce based on actua: -,_:aa?a
will oe approved by the council chairperson and wili oe pa_~ _~
earn counci_ memoer for the use of their private automocile
pursaar.t to Section 2-i0i(c), Hawaii County Code 1983.
Each councilmember shall keep a detailed accounting o' their
automobile mileage used for council business. Such records s;,a1_
at least consist of the date, miles traveled, from/to, ar.d
purpose.
6. Appropriate per diem payments shall be made to council
members and staff for intea-island, inter-island and out-of-state
trips that have been approved by the council chairperson.
7. 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.
Rule 23
NEWS REPORTERS
News reporters wishing to take notes of the business of the
council or committees may be assigned such places by the
Presiding Officer as will affect their object without interfering
with the convenience of the meeting.
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Rule 24
MANDATORY PROGRAM REVIEW
PROCEDDRES AND DETAILS
1. For the purpose of meeting the basic mandate of Section
3-17, Hawaii County Charter, Relating to Mandatory Program
Review, the annual budget review and adoption procedures 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.
3. Any committee requiring a program review report from the
legislative auditor shall submit such request in writing to the
council for approval.
4. Recommendations by the committees may be forwarded to
the council for implementation.
Rule 25
CERTIPICATE OF MERIT
1. Certificates of merit are non-legislative in nature and
are intended to duly recognize people or organizations within the
county for acts of bravery, lifesaving missions or achievements
in scholastic, athletic, beauty pageants, or similar endeavors.
2. These certificates require no formal council action.
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3, The sponsoring council member snail oe respons_o:e '~.
_r.e securing of firm commitments to sign the certificates =ro-
otter council memcers. Any conflicts regar~ing sponsorship or
duplicate requests shall oe referred to cne council chairpersoc.
4. The sponsoring council member shall inform the county
clerk as to the necessary particulars. The certificate shall
include the name of the honoree and a brief description of the
act or achievement to be cited.
5. Certificates shall be issued to the honoree only. True
copies of any certificate shall not be issued to spouses,
officers, sponsors oc the like, who are not directly involved.
RULE 26
ADOPTION OP 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. Formal 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;
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(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.,
HUD, block grants;
(5) Resolution approving multi-year leases,
purchases, contracts, etc.;
(6) Resolution amending the salary ordinance;
(7) Resolution approving the naming of streets;
(8) Resolution transferring funds.
(b) Legislative-like
ll) 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;
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l2) 3esolation calling for state or fe~era: a_=_:...
2. Informal Resolutions. Generally, addresses sub;ec_s
na~i;,g less imaact tnan forTal resolutions ar,d 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.
(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 Siq Island or the State of
Hawaii.
Rule 27
WHEN ROLSS ]1RE 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.
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