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HomeMy WebLinkAboutRES 025 Draft 01 2010-2012JNtV os N COUNTY OF HAWAII •�� �• STATE OF HAWAII orf Of•M'.11r RESOLUTION NO. 25 11 A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII, BY AMENDING RULE NO. 14 TO INSERT PROTOCOL LANGUAGE FOR COUNCIL -INITIATED AMENDMENTS TO THE SUBDIVISION CONTROL CODE AND ZONING CODE OF THE HAWAII COUNTY CODE, AND BY AMENDING RULE NO. 27 CLARIFYING THE DEFINITION OF A STAFF POSITION WHEREAS, Resolution No. 04-10, the Rules of Procedure and Organization of the Council of the County of Hawai `i was duly adopted by the Council on December, 6, 2010; and WHEREAS, Resolution No. 283-09, Draft 2, duly adopted on February 18, 2009, amended the Rules of Procedure and Organization of the Council of the County of Hawaii to include protocols for council -initiated amendments to the subdivision control code and zoning code of the Hawaii County Code; and WHEREAS, this Resolution conforms Rule No. 14, Motions, Rules of Procedure and Organization of the Council of the County of Hawaii, duly adopted by Resolution No. 04-10 on December 6, 2010, with the amendment to Rule 14, Motions, Rules of Procedure and Organization of the Council of the County of Hawaii previously adopted by Resolution No. 283-09, Draft 2, on February 18, 2009; and WHEREAS, this Resolution further amends Rule No. 14, Motions, Rules of Procedure and Organization of the Council of the County of Hawaii to reflect that council -initiated bills that amend the subdivision control code and zoning codes of the Hawaii County Code shall be disposed of at the appropriate committee, deleting reference "at the Committee on Planning;" and WHEREAS, attached hereto as Exhibit "A," and incorporated herein by reference, is a ramseyered version of Rule No. 14, showing the inclusion of the amendment to Rule No. 14 as previously adopted by Resolution No. 283-09, Draft 2, and the further amendment providing for the disposal of council -initiated bills amending the subdivision control code and zoning codes at the appropriate committee and not at the Committee on Planning; and WHEREAS, this resolution also amends, in part, Rule No. 27(c)(2), Council Members, Staff and Allowances, to clarify the position title of the Deputy Executive Assistant to the Chairperson; and WHEREAS, attached hereto as Exhibit `B," and incorporated herein by reference, is a ramseyered version of Rule No. 27, Council Members, Staff and Allowances, changing Rule 27(c)(2) to read "Deputy Executive Assistant to the Council Chairperson (EA -2)"; 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 amending Rule No. 14 and Rule No. 27 as indicated in the attached Exhibit "A" and Exhibit "B," respectively. BE IT FURTHER RESOLVED that material to be added to the Rules of Procedure and Organization of the Council of the County of Hawaii is underscored and material to be repealed is bracketed and stricken through, as indicated in Exhibit "A" and Exhibit "B" attached hereto. BE IT ALSO FURTHER RESOLVED that formatting, page numbering, table of contents, headers and footers be updated accordingly. BE IT FINALLY 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 Kona Hawaii, this 5th day of January , 2011. 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 Taru,a�tir 5 > 2011 ATTEST: 1 14' CO TY CLERK CHAIRPERSON DUCED BY: COUNCIL 2 OF HAWAII ROLL CALL VOTE Reference: C-43/Waived GRC RESOLUTION NO. 25 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART YAGONG X YOSHIMOTO X 9 0 0 0 Reference: C-43/Waived GRC RESOLUTION NO. 25 11 RULE NO. 14 MOTIONS 1. No motion may be received and considered by the Council or a Committee until the same has been seconded. 2. No floor amendment to a bill or resolution shall be considered unless a written copy of the amended version has been presented to the County Clerk for preparation and distribution to each Council Member present. However, a floor amendment may be verbal if limited to correction of manifest clerical or typographical errors or errors in numbering, spelling, capitalization, punctuation, grammar, and gender terms, provided that the correction will not alter the meaning or effect of the underlying bill or resolution. 3. After a motion is stated or read, it is deemed to be in the possession of the Council or Committee, and it shall be disposed of by vote of that body. However, any motion may be withdrawn by the movant without consent of the corresponding second at any time before a decision or amendment. 4. Whenever any question is under discussion, the precedence of motions thereto shall be to: (a) Lay on the table. (b) The previous question. (c) Postpone to a certain time. (d) Commit (or refer). (e) Amend. (f) Postpone indefinitely. (g) Close file on subject matter. The first two motions shall be decided without debate. 5. Previous Question. The object of a motion for the previous question is to cut off debate. However, when this 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. EXHIBIT "A" 6. 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 questions unless by consent of the majority of the Council. 7. When a motion in one of the categories described in paragraph 4, or another incidental motion 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 fail or are decided in the negative, the only remaining question shall be as to the passage or adoption of the bill, resolution, or other main question. 8. Notwithstanding paragraph 4, Council -initiated bills to amend the Subdivision Control and Zoning Codes of the Hawaii County Code shall be disposed of at the rGeF ,mO4ee ei Pfa + l appropriate committee in the following manner: (a) The introducer shall make a motion to refer the bill to the Planning Director and designated planning commission, or both commissions as provided by the Charter, for their review and respective recommendations. (b) Prior to the vote on the motion for referral the committee may amend the bill, if it so desires. (c) After review by the Planning Director and designated planning commission, or both commissions, as provided by the Charter, the bill shall be returned to the committee for further action. (d) A failed motion to refer as provided in subparagraph (a) shall mean that the bill has failed and thus shall not be acted on further by the Council or its Committees. [8:] 9. Adjournment. 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. A motion to adjourn is always in order and shall be decided without debate. EXHIBIT "A" EXHIBIT "B" RULE NO. 27 COUNCIL MEMBERS, STAFF AND ALLOWANCES Each Council Member shall have direct responsibility over the respective district staff. (a) It shall be the duty of the Council Member to supervise his/her district staff, including hiring, termination, promotion, and salary increase in accordance with the applicable provisions of the State and County laws, Council Rules, other personnel policies of the Council and the County, and the limitations of the legislative budget ordinance. District staff are "at will" employees whose employment shall be co -terminus with the appointing Council Member unless personnel action to the contrary is initiated. The County Clerk may also initiate termination with the concurrence of the Chairperson to assure proper management of the entire Council Office using agreed upon guidelines and procedures. The Chairperson of the Council shall continue to sign all documents necessary to implement the decisions of the individual Council Members. (b) Each Council Member is assigned two fulltime staff: (1) Council Aide. (2) Council Legislative Assistant. (c) The Chairperson is assigned four additional fulltime staff: (1) Executive Assistant to the Chairperson (EA). "(2) Deputy Executive Assistant to the [ (EA)] Council Chairperson (EA -2j." (3) Special Assistant. (4) Council Aide to the Chairperson, in addition to subsection 1(b). (d) Only one person per position shall be permitted. (e) Staff responsibilities include, but are not limited to, the following: (1) Office tasks; EXHIBIT "B" (2) All work related to the individual Council Member, including drafting bills, resolutions, and proposed amendments, and conducting research on topics and issues required by the Council Member; (3) Performing special assignments, responding to letters, complaints and telephone inquiries, gathering data or appropriate information in order that the Council Member may respond to requests from constituents, preparing messages, articles and news releases, and facilitating meetings with the community; (4) Providing Committee support if the Council Member is the Chairperson of a Committee. Committee support means attending the Committee meeting, writing the Committee report for the Chairperson's approval, drafting legislative amendments, and conducting necessary research to assist the Committee in its deliberations. Committee Chairpersons and Vice Chairpersons shall be responsible for the duties of the Committee; (5) Assisting other Council Members if approved by the appointing Council Member; (6) Assisting other divisions of the office if approved by the appointing Council Member with the concurrence of the County Clerk. Each Council Member shall have direct responsibility over the District Allowance Expense (DAE) account. (a) Each Council Member shall be appropriated monies as specified in the budget for DAE to cover incidental expenses in carrying out his/her duties as an elected official. Incidental duties and activities include expenditures incurred in connection with carrying out the public's expectation of a Council Member's role and responsibility to the community and constituents. In an election year (July -December), the Council Member shall be allotted 50% of the appropriation. The remaining 50% (December—June) shall be allotted in December; however, if the incumbent Council Member is reelected in either the Primary Election or EXHIBIT "B" the General Election, then the remaining 50% shall be allotted immediately. (b) Allowable DAE include, but are not limited to: (1) Community meeting expenses such as facility rental fees, charges for maintenance or security services, light refreshments, special mailings or handouts, leis for speakers, and the rental of special equipment. (2) Leis for recipients of honorary certificates and frames for honorary certificates. (3) The purchase of research or reference materials, publication subscriptions, or other materials related to legislative issues or procedures. (4) NACo, WIR, HSAC, conference or seminar registration fees, including travel and accommodation costs associated with the conference or seminar attended. All travel expenses shall have the concurrence of the Chairperson. (5) Miscellaneous office supplies, equipment or materials. All purchases must follow the procurement law and be domiciled in the Council Members' office. Equipment and supplies are the property of the County. (6) The expenses of his/her staff. (7) Monthly cell phone reimbursement not to exceed $75.00 per month. (8) Joint district expenditures for allowable expenses are permitted. (c) Each Council Member shall be personally responsible to pay any expenses incurred in support of the conduct of official duties and activities that exceed the allowance and those expenses that are deemed prohibited. (d) Prohibited expenses include, but are not limited to: (1) Personal, political or campaign related expenses, and those spent outside of the scope of a Council Member's official duties and activities. Please review the ethics code and the campaign spending laws. EXHIBIT "B" (2) Donations to community organizations or transfers to County agencies. (3) Transfers between the DAE and Contingency Relief accounts are prohibited. (4) Transfers from a district account to other district accounts are prohibited. (e) The expenses of the HSAC executive committee member or the official NACo or WIR board member shall be drawn from the general accounts. (f) The expenses for the attendance of a Council Member at Committee and Council meetings and public hearings shall be drawn from the general accounts. Similarly, the reasonable expenses for the attendance of the district staff to support the Committee Chairperson shall be drawn from the general accounts with the concurrence of the County Clerk. 3. Each Council Member shall have direct responsibility over the District Contingency Relief account. (a) Each Council Member is allotted monies as specified in the budget for annual Contingency Relief, when appropriated in the General Fund, to provide for County related projects. (b) In an election year (July -December), the Council Member shall be allotted 50% of the appropriation. The remaining 50% (December—June) shall be allotted in December; however, if the incumbent Council Member is reelected in either the Primary Election or General Election, then the remaining 50% shall be allotted immediately. (c) Expenditures shall be transferred to County agencies using the appropriate legislative mechanisms for the benefit of the agencies to provide for the public. (d) All purchases of equipment must follow the procurement law and be domiciled in the County Departments. Equipment, supplies and products are the property of the County. (e) Transfers between the DAE and Contingency Relief accounts are prohibited. (f) Transfers from a district account to other district accounts are prohibited. EXHIBIT "B"