Loading...
HomeMy WebLinkAboutRES 002 Draft 01 1980-1984County of Hawaii - State of Hawaii 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 the 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 1st day of December, 1980. INTRODUCED BY: Council Member, County o 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 December 1, 1980 ATTEST: �. �� COUNTY CLE 1 C AIRMN &#RSaIDING OFFICER ROLL CALL VOTE De Luz, III x Domingo x Fujii x Hale X Kawahara g Lai X Schutte X Reference: M.B. No. So � RESOLUTION NO. 2 8o RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII Rule 1 M1010yeek[eRl 1. The County 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 the Chairman upon the giving of seventy-two (72) hours 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 Chairman or a majority of the Council in accordance with the provision of Section 13-20 of the Charter. 3. The Council Chairman shall be authorized to schedule or reschedule the time, date and/or subject matter of its regular or special meeting and to publish public notice thereof. The Chairman shall promptly notify all Council members and the Clerk by written memorandum as to the scheduling or rescheduling of regular or special meetings. Rule 2 ADJOURNMENTS 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 QUORUM 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. (d) To adopt an ordinance initiating amendments or revisions to the County Charter. Rule 4 OFFICERS AND THEIR DUTIES 1. Presiding Officer. The Chairman of the Council shall be the presiding officer of the Council. In the absence of the Chairman, the Vice -Chairman shall preside. In the -2- absence of the Vice -Chairman, the Chairman 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 Chairman is temporarily unable to perform his duties, the Vice -Chairman shall have all the powers and be subject to all the duties of such Chairman. It shall be the duty of the Chairman: (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 order prescribed by the rules. (c) To authenticate by his signature all acts of and doings by the Council when necessary including travel authorizations. (d) To make known Rules of Order when so requested, and to decide all questions of order subject to an appeal to the Council. ,(e) To receive all communications from the public, the Mayor, various departments of the government and make the proper referrals of these matters brought before the Council to the appropriate committee or committees. (f) To maintain order and proper decorum at all meetings. The Chairman shall not engage in debate or discussion of any issue by the Council. He may do so by first relinquishing the Chair to the Vice -Chairman. (g) He shall vote in case of a tie, or when the "Aye" and "No" vote is demanded. (h) To preside over staff meetings. -3- M To exercise direct supervision over agencies and staff of the Legislative Branch of the County. (j) To provide for the coordination of all administrative activities and to see that they are honestly, efficiently and lawfully conducted. (k) To sign all instruments requiring execution or agreement by the County Council. (1) To serve as the chief spokesman and representative for the Council for matters before the public, the State and Federal governments, and the County Administration, in accordance with the policies of the County Council. (m) To assist the Chairmen and members of committees and subcommittees by assuring the availability of adequate administrative and staff support. (n) To approve all travel requests of Council members or staff. (o) To develop an Annual Calendar of events to include, but not 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 Chairman. It shall be the duty of the County Clerk,, in addition to those duties prescribed by law: -4- C (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 as staff 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. 3. Committee Chairman. The chairman of each committee shall call meetings, preside at all meetings and prepare and be responsible for their respective agendas for each, meeting. The Vice -Chairman shall perform the duties of the Chairman in his absence. Rule 5 COMMITTEES 1. There shall be four (4) kinds of committees, namely: (a) Standing Committees (b) Subcommittees (c) Ad Hoc Committees Cd) Committee of the Whole -5- 0 N 2. The members of the Council shall appoint all Standing Committees and designate the committee chairman and vice-chairman of each committee. 3. The Chairman of the Council shall appoint all Ad Hoc Committees and designate the committee chairman and vice-chairman of each committee. 4. The Chairman of the Council shall be an ex -officio member of all committees without voting privilege, except to break a tie. 5. 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 Chairman 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. (b) After hearing testimony on a matter before the Committee, the Committee Chairman may close the discussion and take it under advisement. Vote on the matter may be postponed and taken at anytime afterwards. (c) Formality of a motion and vote on a recommendation or determination may be dispensed with though the Committee Chairman may call for a motion and vote if he finds it necessary. M. (d) A Committee may expedite its business by means of referring matters to a subcommittee or a joint committee. (e) The Chairman of a Committee, upon notification to the Chairman 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. (f) All Council members, though not 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 partici- pation will be extended Committee members. (g) A majority of the members of a Committee, including the Committee Chairman, 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 STANDING COMMITTEES 1. There shall be four (4) Standing Committees, consisting of not more than seven (.7) members each., and these Standing Committees shall be: (a) Committee on Finance (b) Committee on Planning -7- (c) Committee on Public Works (d) Committee on Economic Development 2. The scope of functions of Standing Committees shall include but not be limited to the following: (a) Committee on Finance: Matters related to auditing, budget, appropriations,.general obligation and revenue bonds, taxes, intergovernmental revenues, licenses, fees, liquor control, police and fire protection, human services, youth and elderly affairs, and personnel transactions. (b) Committee on Planning: Matters related to improvement districts, general plan, subdivision control, zoning, legislation, coastal zone management, energy research, transportation, sugar, diversified agriculture, forestry, fish and game, historic sites, water and water development. (c) Committee on Public Works: Matters related to capital improvement projects, management of public facilities, solid waste disposal, sewage, mass transit, improvement districts, cemeteries, highways, flood and drainage, public utilities, animal control, traffic control, recreational programs, sign regulations, beautification and civil.defense. ° -8- N IN (d) Committee on Economic Development: Matters related to energy development, market development, tourism development, scientific research, food processing, manganese development, astronomy and space projects, sugar, diversified agriculture, forestry, fish and game, and other research and development programs. Rule 7 SUBCOMMITTEES The Chairman of the Committee may appoint members.to a Subcommittee of a 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. All members shall be appointed by the Chairman of the Council. 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 cm to that effect. The Chairman of the Council shall remain as Chairman 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 in a record book which shall be kept as one of the records of the Council. Bills in 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. Rule 10 COMMITTEE REPORTS 1. Standing Committees shall report from time to time upon all matters referred to them. 2. Ad Hoc Committees shall report within thirty (30) days upon all matters referred to them, unless further time is allowed by.vote of the Council. -10- N EO 3. Any Committee of the Whole shall, on motion duly adopted, rise and report its findings and recommendations, or, if the matter under consideration is not concluded, ask leave to sit again 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 findings of facts and conclusions based thereon, together with a clear recommendation as to 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. 7. 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 or simply note on the report of the majority of the Committee the words "I (we) do not concur." In the event that Committee members are evenly divided on any question, the subject matter shall remain in Committee. 8. Committee Reports shall be introduced on the Council floor by the Committee Chairman. -11- 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 Chairman, 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 Chairman shall again state the question and call for a vote by raising of hands. The County Clerk shall count the raised hands and the Chairman shall announce the result. 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 affirmative, or "no," if voting in the negative. The County Clerk shall record each vote in the minutes and report to the Chairman, who shall announce the result to the Council. -12- 6. No member shall refrain from voting unless excused by the Presiding Officer. Unless excused from voting, his/her silence shall be recorded as an affirmative vote. 7. Any member who knows that he/she 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. 8. Whenever the ayes and noes are called, no one shall be permitted to explain his/her vote. After the announcement of the result, no one shall be permitted to change his/her vote. 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 Chairman, or by a member in his 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 are received less than seventy- two (72) hours before the regular meeting date of the Council may be considered at such meeting. -13- 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 from the Clerk's desk if so desired by at least three (3) members. 3. After a motion is stated or read by the Presiding Officer, it is deemed in the possession of and shall be disposed of by vote of the Council. However, any motion may be withdrawn by the movant with consent of his/her second 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 named. The first two (2) motions shall be decided without debate and shall be put as soon as made. (a)_ Previous Question. The object of the motion for the previous question is to cut off debate. Whenever the motion is carried, the -14- 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 sub- sequent 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. 6. 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. Rule 14 RECONSIDERATION 1. When a motion has been once made and carried in the affirmative or negative, it shall not he in order for -15- X 147 any member who voted in the minority to move for reconsidera- tion 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. 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 shall be 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, noting the page and line, shall be duly entered by the County Clerk, on a separate paper as the same shall be 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. -16- 0 0 Rule 17 ORDER OF BUSINESS The following shall be the order of business: 1. Roll Call. 2. Approval of Minutes. 3. Statements from the Public on matters listed on the Order of Business. 4. Petitions, Memorials and Communications to Council. 5. Reports of Standing Committees. 6. Reports of Ad Hoc Committees. 7. Resolutions and Ordinances. 8. Unfinished Business. 9. Order of the Day, including second reading of resolutions and ordinances. 10. New Business. 11. Statements from the Public on other matters. Statements from any member of the public who may be in the Councilroom and desire to speak shall abide by the following: (a) All those desiring to speak on matters listed on the Order of Business, Rule 17(3), 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. (b) Those speaking are requested to direct their remarks to the Council, not to any individual Councilman or individual person in the audience. -17- No personal remarks will be allowed during the course of testimony. (c) Each person will be allowed approximately five (5) minutes to speak. If additional time is needed and if time permits, the Presiding Officer may allow the speaker more time after the last person who had registered to speak has finished. (d) No person will be allowed to speak twice on the same subject. (e) If possible ten (10) written copies of the testimony should be prepared for presentation to the Council prior to convening of the meeting. (f) Any person who does not abide by these rules shall be ruled out of order. (g) All those desiring to speak on other matters, Rule 17(11), 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. Those speaking are requested to direct their remarks to the Council, not to any individual Councilman or individual person in the audience. No personal remarks will be allowed during the course of testimony. Rule 18 ATTENDANCE No member shall absent himself/herself from the meetings of the Council unless he/she has leave granted by the Chairman, Vice -Chairman or temporary presiding officer, or is sick and unable to attend. IFM . 1 `0 Rule 19 AMENDMENTS AND NEW RULES U No rule of the Council shall be altered or rescinded, nor any new standing rule be adopted unless one (1) day's notice of the motion thereof is first given to each member. Rule 20 SUSPENSION OF RULES No rule of the Council shall be suspended unless by a majority of the members of the Council. 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. He/She shall address himself/herself to the Presiding Officer when recognized and shall confine himself/ herself 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. (Check with Chair by requesting for point of personal privilege.) 4. If any member shall conduct himself/herself in a disorderly or contemptuous behavior during any session of the Council or Committee, the Presiding Officer or Committee -19- M 0 Chairman shall order such member to cease his/her actions and preserve the peace, and if he/she shall then persist, the Presiding Officer or Committee Chairman shall order the County Clerk or his/her designate, to remove him/her from the meeting and he/she shall not be permitted to take his/her seat during the remainder of the session except upon approval of the Presiding Officer or Committee Chairman. 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 of the Council or that of 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 or Committee Chairman. 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 or Committee Chairman to do so. (Alternative, move for recess.) 8. It shall be the duty of the County Clerk or his/her designate 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, Items 4 and 6 above, when duly requested by the Presiding Officer or Committee Chairman. -20- Rule 22 ADMINISTRATIVE POLICIES AND PROCEDURES 1. The County Clerk shall be responsible for the administration of the department. All division heads, except the Legislative.Auditor, 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. He/She shall be responsible for all projects assigned to him/her by the Council and held accountable to the Council. 4. Courtesy copies of all official reports and replies from the staff shall be provided to the Council Chairman routed through the County Clerk. All requests of the administration by the Council shall be routed to the Office of the Mayor with courtesycopies going to the Chairman of the Council. Requests for all out-of-state or inter -island travel by members of the Council or staff must be approved by the Chairman of the Council 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 Chairman of the Council. 5. Mileage allowances will be reimbursable to each member of the Council using his/her private automobile for -21- K travelling to and from his residence for Council or Committee meetings only. Any other mileage reimbursements must have prior approval of the Chairman of the Council. 6. Appropriate per diem payments shall be made to members of the Council and staff for intra -island, inter -island and out-of-state trips that have been approved by the Chairman of the Council. 7. All other reimbursable expenses such as u -drive rentals, entertainment of.guests, must have prior approval of the Chairman of the Council 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 Chairman of the Council. 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. Rule 24 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. -22-