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Home My WebLink AboutRES 267 Draft 01 2008-2010 OFFICE INFORMATION ONLY Meeting: June 7, 2010 — Council Meeting (41 Session) Action: Close File — June 7, 2010 Postponed — November 18, 2009 Re: Resolution 267 -09 /C -597 JNtvlor 14 COUNTY OF HAWAII STATE OF HAWAII +f,TEOFMF'~' RESOLUTION NO. 267 09 A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the County Charter has served as the "constitution" of the government of the County of Hawaii since 1969, and mandatory reviews of the Charter have taken place in 1979, 1990, and 2000; and WHEREAS, the 2000 edition of the County Charter is the prevailing "constitution" of the County of Hawaii, and Article III of the County Charter sets the guidelines for the County Council; and WHEREAS, Article 111, section 3-7 of the Charter states that the county council shall meet at least quarterly in the judicial district of North Kona or South Kona; and 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, Rule No. 2, section 1, was amended by Resolution No. 402-06, increasing the number of committee and council meetings held in "West Hawaii" to a number equal to the number of meetings conducted in Hilo; and WHEREAS, the Rules was adopted by the current council via Resolution No. 04-09 on December, 1, 2008, and in the 10 months since the adoption, our County has been plunged into an unprecedented economic downturn; and WHEREAS, the budget for the Hawaii County Council has been trimmed down to the essential items, and out of necessity, the budgets for travel, overtime, district expenses, and other related costs continue to be cut, with certain essential budget items falling under close scrutiny; and WHEREAS, the average cost for one session of Committee/Council meetings held in Hilo is $851.00, while the average cost for one session of meetings held in West Hawaii is $7,165.00; and WHEREAS, over the course of a fiscal year, the projected savings for the Council would be approximately $51,000; and WHEREAS, a fixed budget item for the Council is the video-conferencing connection between the Hilo Council Room with the Kona and Waimea council offices; and WHEREAS, the video-conferencing between the Kona office and the Hilo Council Chambers has proven to be a successful and cost-saving method of allowing the people of West Hawaii to participate in, and provide testimony at, meetings conducted from the Hilo Council Room; and WHEREAS, the absolute need to exercise fiscal prudence is upon us; and WHEREAS, the council wishes to amend the Rules by amending Rule No. 2, section 1, relating to Regular Meetings, by adhering to the Charter mandated number of meetings to be held in West Hawaii; and WHEREAS, the council finds that this amendment will provide for a more efficient, effective and fiscally sound means of procedure for the legislative branch of the County of Hawaii; and WHEREAS, this proposed amendment to Rule No. 2, Meetings, section I is contained within the attached document labeled "Exhibit A" and indicated by the bolded Ramseyer format, whereby material to be deleted is bracketed and stricken through, and new material is underlined; 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 changes in section 1 of Rule No. 2, as indicated by the attached document labeled "Exhibit A"; and BE IT FURTHER RESOLVED that the Rules of Procedure and Organization of the Council of the County of Hawaii, as amended, shall be transmitted in full to the County Clerk for reprographic purposes and dissemination to all appropriate parties. Dated at , Hawaii, this day of 12009. INTRODUCED BY: 6-n 0-N COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ENRIQUES FORD I hereby certify that the foregoing RESOLUTION was by GREENWELL the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN County of Hawaii on IKEDA NAEOLE ATTEST: ONISHI YAGONG YOSHIMOTO Reference: C-597//Co unciI COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 267 09 2 EXHIBIT A RULE NO.2 MEETINGS 1. Reqular Meetinos. The Council shall meet regularly at least twice in every month at the place and time designated by the Council. Whenever possible, the meetings will be scheduled on the first and third Wednesday of each month. [+he Council shall hold an equal number of Committee and Council meetings in East and \^!est Hawai'i,] The Council shall meet at least quarterlv in the iudicial districts of North Kona or South Kona,at locations and times desiqnated bv the Council. Whenever possible, videoconferencing shall be provided for all Committee \ . and Council meetings. 2. . Special Meetinos. Except as otherwise provided by law, special meetings may be called by the Chairperson or a majority of the Council. (a) Whenever possible, the date, time, place and specific purposes bf such meetings shall be announced prior to adjournment of a regular meeting. If not announced at a regular meeting, written notice must be filed in accordance with HRS S 92- 7 and S 13-20( c) of the Hawai'i County Charter. (b) An agenda for the special meeting shall be posted outside the Council offices and, if possible, on the website. 3. Committee Meetinos. Except as otherwise provided, those standing committees having referr?ls shall meet on the day preceding a regular Council meeting or at other places and/or times designated by the Council. 4. Schedulino. The Council Chairperson shall be authorized to schedule or reschedule the location, time, date and/or subject matter of regular, special, or Committee meetings and to publish public notice upon giving at least six (6) days notice to the public and Council Members, provided the Committee Chairperson is consulted about the scheduling or rescheduling of a Committee meeting. The Council Chairperson shall promptly notify all Council Members and the County Clerk by written memorandum as to the scheduling or rescheduling of any such meetings. "I j 5. Executive Sessions; The Council may hold a meeting closed to the public for one or more of the purposes set forth in HRS S 92-5, or where personal matters affecting the privacy of an individual are to be considered and the individual involved requests a closed meeting to consider such matter; however, any resultant official action shall be acted upon in an open meeting in accordance with S 13-20(b), Hawai'i County Charter. 6. Emerqencv Meetinqs. If the Council finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in HRS Chapter 92, the Council may hold an emergency meeting or add an emergency item to a posted agenda provided: (a) The Council states in writing the reasons for its findings; (b) Two-thirds of all Council Members agree that the findings are correct and an emergency exists; (c) An emergency agenda and the findings are filed with the Office of the County Clerk; and (d) Persons requesting notification are contacted by mail or telephone as soon as practicable. 7. Sine Die. Sine Die is the last scheduled meeting of an outgoing Council and is n'ot considered a regular meeting. (a) Only resolutions shall be allowed on the agenda. (b) No other legislative proceedings shall be allowed with the exception of addressing emergencies. (c) The meeting shall start at 9:00 A.M., at a location designated by the Council Chairperson. 8. Availabilitv of Aoenda to Council Members. Except as otherwise provided by law, the agenda and all referrals for a regular meeting of the Councilor a Committee shall be made available to Council Members at least seven (7) calendar days prior to the meeting. 9. Attendance. If a Co.uncil Member is unable to attend a meeting, prior written notice shall be given to the Councilor Committee Chairperson. If a Council Member wants to attend a meeting via videoconferencing pursuant to HRS S92-3.5, a 4 ", written request must be submitted to the Council Chairperson and prior approval obtained prior to the agenda deadline for that meeting. 10. Recesses. Notwithstanding the need to occasionally call for short recesses or lunch breaks, when there may be unusual circumstances for the Chairperson to call for a recess, the Chairperson shall announce the anticipated length of the recess and time of reconvening. 5