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HomeMy WebLinkAboutCOM 0066.001 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona Phone: (808)326-5684 Fax: (808)329-4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center y 75 -5706 Hanama Place, Suite 109 Kailua -Kona, Hawai'i 96740 DATE: February 11, 2011 TO: Dominic Yagong, Chairperson - and Members of the Hawaii County Council FROM: `w X, Brenda J. Ford, Council Member SUBJECT: Proposed Amendments to Resolution No. 30 -11 Please find attached a proposed amendment to Resolution No. 30 -11. The proposed amendment is illustrated below by Ramseyer format with respect to Resolution No. 30 -11, and bolded for illustrative purposes. The proposed amendments are as follows: "Exhibit A," Rule No. 10 Voting, new paragraph 15, is amended to read: "15. Members of boards and commissions duly appointed by the Mayor, as prescribed in Section 13 -4(b), Hawai'i County Charter, shall be voted on individually [ OF as a ..'ate o f "'embeFs eF ` wmmnees However, board and commission members may be voted on collectively, but only if a motion for that action is approved by a two- thirds vote of the entire membership of the council or its committee. A draft copy of Resolution No. 30 -11, Draft 2, is attached with the proposed amendments incorporated therein. BJF /dkr att. Serving the Interests of the People of Our Island Comm. No. •; Ref. To: Ref. Date FEB 16 011 Hawaii County Is An Equal Opportunity Provider And Employer A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the Rules of Procedure and Organization of the Council of the County of Hawaii ( "the Rules ") govern the affairs of the Council of the County of Hawaii ( "Council "); and WHEREAS, the Rules were duly adopted by Resolution No. 04 -10 on December 6, 2010; and WHEREAS, the Rules were most recently amended by Resolution No. 25 -11, duly adopted on January 5, 2010; and WHEREAS, the Council wishes to further amend the Rules to facilitate effective and efficient procedure and organization of the legislative branch of the County of Hawaii; and WHEREAS, the Council amends Rule No. 10, Voting, to include a provision that potential members of boards and commissions shall be voted on individually and not as a group or as a slate of members or nominees; and WHEREAS, the proposed amendment to Rule No. 10 is set forth in "Exhibit A" attached hereto and incorporated herein by reference; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Rule No. 10 of the Rules is hereby amended as indicated in the attached "Exhibit A." BE IT FURTHER RESOLVED that material to be added to Rule No. 10 is underscored and bolded, as indicated in the attached "Exhibit A." BE IT FINALLY RESOLVED that the County Clerk shall provide to all appropriate parties those pages of the Rules that have been amended, to replace those pages that have been made obsolete by the adoption of this resolution. Dated at COUNTY COUNCIL County of Hawaii Hilo, Hawaii Hawaii, this day of 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 ATTEST: INTRODUCED BY: 2011. COUNCIL MEMBER, COUNTY OF HAWAII ROLL CALL VOTE AYES NOES ABS EX BLAS FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. "Exhibit A" "RULE NO. 10 VOTIN 1. There shall be five (5) methods of voting: (a) By voice (b) By raising of hands (c) By rising (d) By unanimous consent (e) By roll call 2. Voting on every bill, resolution or nonprocedural motion at Council Meetings shall be by roll called by the County Clerk. When called, each member shall answer in a clear voice "aye" if voting in the affirmative, or "no" if voting in the negative. Voting on procedural motions may be by voice vote. In all cases, the Chairperson shall state the question prior to calling for the vote. The County Clerk shall record each vote in the minutes and report the result to the Chairperson who shall announce whether the motion passed or failed. Upon the request of any member of the Council, the Chairperson shall use a roll call vote. 3. The method of voting in Committees shall be determined by the Committee Chairperson, provided that if a vote is not unanimous, the Chairperson shall announce the names of those members voting in the minority and those who are absent. Upon the request of any member of the Committee, the Chairperson shall use a roll call vote. 4. If a Council or Committee meeting is being conducted via videoconferencing pursuant to HRS § 92 -3.5, voting on every bill, resolution, communication and report, including procedural motions, shall be by roll called by the County Clerk or the Clerk's designee. 5. Any Council Member who has reservations, pro or con, on any motion may vote in a clear voice "kanalua." After all the members have voted, the Committee Chairperson or Clerk, as the case may be, will again ask any members who voted "kanalua" to give a voice vote. If the voting member again votes "kanalua," the vote shall be recorded as an "aye" vote. 6. No member shall refrain from voting unless excused by the Chairperson or is otherwise excused as provided herein. Unless a member is excused from voting, silence shall be recorded as an affirmative vote. 7. Whenever the ayes and noes are called, a Council Member shall not be permitted to explain a vote. After the announcement of the result, a Council Member shall not be permitted to change a vote. 8. In the event of a tie vote, the following procedures apply: (a) In the case of a tie vote on the final vote on the main motion considered by a Committee, the matter shall be forwarded to the Council with a negative recommendation. For any other motions, such as motions to amend, the motion shall fail. (b) In the case of a tie vote on any motion considered by the Council, the motion fails. 9. Official Action No official action shall be taken except at a meeting open to the public in accordance with Section 13- 20(b), Hawaii County Charter. Business conducted by the Council during a meeting, which does not conform to the provisions of Section 13 -20, shall be null and void in accordance with Section 13- 20(d), Hawaii County Charter. Except as otherwise provided by law or these rules, "Official Action" means a collective decision or an actual vote by a majority of the members of the Council, when sitting as a body or an entity, upon any matter before the Council. (Section 3 -20, Hawai'i County Charter) 10. Unless otherwise provided, the vote of a majority of the entire membership of the Council or Committees shall be necessary for a motion to pass. 11. An affirmative vote of at least two- thirds of the entire membership of the Council shall be required to: (a) Apply the proceeds from the issuance of County bonds for purposes other than those for which such bonds were initially issued (Section 47 -5, Hawaii Revised Statutes); (b) Override the mayor's veto (Section 3 -12, Hawaii County Charter); (c) Authorize the employment of special counsel (Section 6 -2.5, Hawaii County Charter); (d) Make an emergency appropriation by ordinance (Sections 3 -11 and 10 -8, Hawaii County Charter); (e) Amend the capital budget (Section 10 -6(d), Hawai'i County Charter); (f) Cut off debate by a motion to the previous question; (g) Revise or suspend these rules; or (h) Initiate amendments or revisions to the Hawaii County Charter. 12. The Council may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two- thirds of the members present, provided the affirmative vote constitutes a majority of the members to which the Council or Committee is entitled. (Section 92 -4, Hawaii Revised Statutes) 13. Upon a one -third vote of the entire membership, the Council shall be required to: (a) Hold full readings and public hearings on bills or resolutions (Section 3 -9, 3- 10(a), Hawaii County Charter), or (b) Lay over an amended bill for at least one week before final reading (Section 3- 10(d), Hawaii County Charter). 14. Bills and resolutions covering similar subject matters and requiring three readings for approval may be considered and voted upon as a group on first reading with the unanimous consent of the entire membership. 15. Members of boards and commissions duly appointed by the Mayor, as prescribed in Section 13 -4(b), Hawai`i County Charter, shall be voted on individually. However, board and commission members may be voted on collectively, but only if a motion for that action is approved by a two- thirds vote of the entire membership of the council or its committee.