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HomeMy WebLinkAboutRES 002 Draft 01 1972-1976 ... - ~ ... .~~. ,,~, ~ - - -!\Io t~ ~ .. ~ ,; .' . . t \: <It County of Hawaii-State of Hawaii Resolution No. 2. 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 4th day of December, 1972. INTRODUCED BY: ~. ~ .... ,.,. nes No ""-- .. - --.- - -.. ---..................."'.." Flle /No 1\1. D :;0 ...3.. ~ r::~' ...:. ..... ... h"m.,. - - -------------...- ~ RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII Rule 1 MEETINGS 1. The~ounty Council shall hold regular meetings for the transaction of public business in the Councilroom beginning at 10:00 A.M. on the first and third Wednesday of each month or on the following day if such Wednesday be a public holiday, provided, that regular meeting date may be changed to another day by motion duly adopted at a regular or special meeting at least one week prior to the rescheduled meeting date. 2. Special meetings may be called at any time by the chairman of the Councilor a majority of the Council in accordance with the provision of Section 13-20 of the Charter. 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. .. . " .r .. .... . . 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. 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 absence of the Vice-Chairman the Council shall appoint a presiding officer from its own members who shall have the same 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 call for the reading of the minutes of the preceding meeting when a quorum shall be present. c) To maintain order and proper decorum in debate. The chairman shall not engage in debate or discussion of any issue by the Council. If he wishes to s'o do, he shall first be required to relinquish the chair to the vice-chairman. d) To announce the business before the Council in order prescribed by the rules. - 2 - .. . '. . ," . . ,. . e) To receive and submit before the Council all matters that are properly introduced by the members and to call for votes upon the same and to announce, the resul ts . f) To authenticate by his signature all acts of and doings by the Council when necessary. g) To make known Rules of Order when so requested, and to decide all questions of order subject to an appeal to the Council. h) To receive all communications from the Mayor, various departments of the government and the public and present them to the Council. i) In case of disturbance or disorderly conduct, the chairman may have the room cleared of all persons except the members of the Council and officers of the County of Hawaii. j) He shall vote in case of a tie, or when the "Aye" and "No" vote is demanded. Rule 5 COMMITTEES 1. There shall be three kinds of committees, namely: a) Standing Committees b) Special Committees c) Committees of the Whole 2. The members of the Council shall appoint all Committees and designate the committee chairman and vice chairman of each committee. 3. The Chairman of the Council shall be an ex-officio member of all committees without voting privilege, except to break a tie. - 3 - ,,- , . . . Rule 6 STANDING COMMITTEES There shall be eight (8) Standing Committees, consisting of at least four members each, and these Standing Committees shall be: a. An Agricultural & Visitor Industry Committee. b. A Finance Committee. c. A Legislative Committee. d. A Planning, Research & Development Committee. e. A Public Safety & Transportation Committee. f. A Public Works Committee. g. A Recreation Committee. h. A Social & Cultural Development Committee. Rule 7 SPECIAL COMMITTEES Special committees shall consist of three members except where a larger number is specified by the Council, and shall be appointed from time to time as occasion requires. All members shall be appointed by the Chairman with the approval of the Council. Rule 8 COMMITTEES OF THE WHOLE The Council may from time to time resolve itself into a Committee of the Whole. Whenever any matter is referred to such Committee, upon the adoption of a motion to that effect, the members of the Council shall appoint one of their members to take the chair, or may allow the chairman of the Council to retain the chair if such is the wish of the Council. -4- . ,. . . RULES IN COMMITTEES OF THE WHOLE. In a Committee of the Whole the Rules of Procedure which govern the Council shall be observed, excepting that any member may speak more than once on the same subject, but no one shall speak a second or further time until others desiring to speak shall have had an opportunity nor shall the motion for the previous question be allowed until all members desiring to speak have had an opportunity to so do. CLERK OF THE COMMITTEE OF THE WHOLE. The County Clerk shall be the clerk of the Committee of the Whole and he 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 matter shall be referred to a Committee of the Whole the same may be read by title only by the County Clerk. The body of the bill or resolution shall not be defaced or interlined; but all amend- ments, noting the page and lines, shall be duly entered by the County Clerk as the same shall be agreed to by such Committee. Reading of the whole bill or resolution may be required by a one-third vote of the entire membership. Rule 9 COMMITTEE REPORTS 1. Standing Committees shall report from time to time upon all matters referred to them. 2. Special Committees shall report within thirty (30) days upon all matters referred to them, unless further time is allowed bY\~Qte of the Council. -5- ~ \. . . 3. Any Committee of the Who~e 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 shall be referred to a Committee it shall be the duty of such Committee to make diligent inquiry into all of the facts and circumstances connected with such matter. If necessary, 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 distinct recommendation as to disposal of such matter. 6. The report of a Committee on a bill or resolution shall state clearly the amendmen~, if any, proposed. If a substitute bill or resolution shall be reported in place of the one referred to such Committee, the same must agree with the subject of the one submitted and returned to the Council. 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 (or we) do not concur. II Rule 10, VOTING 1. There shall be six (6) methods of voting. 1st by viva voce vote; 2nd by raising of hands; -6- " ~ .. .\ . 3rd by roll call; 4th by ballot; 5th by rising; 6th by unanimous consent. 2. Except on procedural motions, all voting shall be by roll call. 3. On procedural matters, the Cha~man, after stating the question, shall call upon those in favor of the question to say "aye" after which the Chairman shall call upon those in the negative to say ..no" and thereupon he shall announce the result to the Council. 4. If any member shall doubt the result as announced, ,the Chairman shall again state the question and call upon the members to vote by raising their hands, ~nd they shall keep their hands raised until counted by the County Clerk, after which the result shall again be announced. 5. Upon the request of any member of the Council and on every bill, resolution, or non procedural motion, the County Clerk shall call the Roll. 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. 6. No member shall refrain from voting unless excused by the Presiding Officer and unless excused from voting his silence shall be recorded as an affirmative vote. -7- . . . '. . . 7. Any member who knows that he 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, without the unanimous consent of the Council shall be permitted to explain his vote: and after the announcement of the result, no one shall be permitted to vote or to change his vote. Rule 11 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 with the name of the persons presenting it, and the subject matter of the same. 3. A brief statement of the contents of any petitions, memorial or other paper shall be made verbally by the one presenting the same. 4. All petitions, memorials and other papers addressed to the Councilor the Chairman and the Council which are received less than seventy-two (72) hours before the regular meeting date of the Council shall not be considered at such meeting except emergency matters requiring immediate attention or unless upon the recommendation of the Council Chairman, or by consent of the majority of the Council. -8- , . . . Rule 12 RESOLUTIONS. MOTIONS AND AMENDMENTS 1. All resolutions shall be in writing upon legal size paper dated and signed by the introducer. 2. Motions and amendments may be made verbally but shall be reduced to writing if requested by the Chairman and shall be read from the desk if so desired. 3. No motion shall be received and considered by the Council unless the same has been recorded. 4. Whenever any question shall be under discussion the only motions relative thereto shall be: a) To lay on the table; b) To postpone to a certain time; c) To postpone indefinitely; d) To commit, or e) To amend. The foregoing motions shall have precedence in the order named. The first two motions shall be decided without debate and shall be put as soon as made. 5. When any of said motion shall be 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. - 9 - . ;- . . Rule 13 LIMIT OF DEBATE NO member shall speak longer than five minutes, nor shall he speak more than twice on the same question without leave of the Council unless he be the mover of t~e matter pending, in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken. Rule 14 INDEFINITE POSTPONEMENT 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. Rule 15 PREVIOUS QUESTION The object of the motion for the previous question is to cut off debate. Whenever the motion is carried, the author or 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 author or intro- ducer may delegate to another such right to close. Rule 16 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 a reconsidera- tion thereof; but any member who voted with the majority - 10 - ~ ~~ . .' . . 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 made at the time a bill fails to pass final reading shall not be voted upon until after twenty-four hours. Rule 17 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 18 ACTION ON ORDINANCE When a proposed ordinance shall be taken up by the Council, it shall be passed after two 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. Read1ng of the bill and public hearing thereon may be required by a one-third vote of the entire membership. - 11 - " :-- . . ~ . . Rule 19 ORDER OF BUSINESS The following shall be the order of business: a) Roll Call b) Approval of Minutes c) Statements from any member of the public who may be in the Council room and desire to speak d) Petitions, memorials and communications e) Reports of standing committees f) Reports of special committees g) Resolutions and ordinances h) Unfinished business i) Order of the Day, including second reading of resolutions and ordinances j) New business Rule 20 ATTENDANCE No member shall absent himself from the meetings of the Council unless he has leave granted by the chairman, vice chairman or temporary presiding officer, or is sick and unable to attend. Rule 21 AMENDMENTS AND NEW RULES No rule of the Council shall be altered or rescinded, nor any new standing rule be adopted without one day's notice of the motion therefor is firstly given to each member, nor without the affirmative vote of a majority of the members of the Council. - 12 - " ~ ~ . . . ' . . . Rule 22 SUSPENSION OF RULES No rule of the Council shall be suspended unless by a majority vote of the members of the Council. Rule 23 ORDER. DECORUM 1. If any member shall conduct himself 1n a disorderly manner during any session of the Councilor Committee, the Presiding Officer shall order such member to keep his seat and preserve the peace: and if he shall then persist, the Chairman shall order the County Clerk or his designate to remove him from the meeting ~nd he shall not be permitted to take his seat during the remainder of the session, except upon a pledge given by him to the Council of good behavior. 2. When any member is about to speak, he shall address himself to the Chairman and when recognized, confine himself to the question under debate and avoid personalities. 3. Any person not a member of the Council, who shall be guilty of disrespect of the Councilor that of any Committee by any disorderly or contemptuous behavior in its presence, or who disrupts the exercise of any legis1ato~3 function, may be removed from the meeting at the discretion of the Presr~}ng Officer. 4. It shall be the duty of the County Clerk or his designate to maintain order amongst those present as spectators, to attend upon Committees, if so requested, and to remove any person found in violation of Rule 23 Item 3 above when duly requested by the presiding officer. -13- '. .<<,. .. "'\ 'J J I., ~ J'. ,o" .. . . . Rule 24 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 inter- fering with the convenience of the meeting. Rule 25 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. -14-