HomeMy WebLinkAboutRES 087 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Council — July 7, 2011
Action: Withdrawn by introducer (Ms. Ford) on the
Re: Res. 87-11; Comm. 237
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 87 11
A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 14,
MOTIONS.
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 as provided in Resolution No. 04-10, during
the initial convening of the Council on December 6, 2010; and
WHEREAS, the Rules were subsequently amended by Resolution No. 25-11, as duly
adopted by the Council on January 25, 2011, and by Resolution No. 30-11, duly adopted on
February 16, 2011; and
WHEREAS, the Rules were most recently amended by Resolution No. 64-11 and
Resolution No. 65-11, both duly adopted on May 4, 2011; and
WHEREAS, the Council wishes to further amend the Rules to encourage and facilitate
an ongoing effort for effective and efficient procedure and organization of the legislative branch
of the County of Hawaii; and
WHEREAS, in furtherance of these efforts, the Council wishes to amend Rule No. 14,
Motions, to include clarification of the motion making process and the proposed amendments are
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 the
Rules of Procedure and Organization of the Council of the County of Hawaii are hereby
amended as indicated in the attached "Exhibit A."
X
BE IT FURTHER RESOLVED that material to be deleted is bracketed and stricken
through, and material to be added is underscored, both bolded for emphasis, 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 of the Rules that
have been made obsolete by the adoption of this resolution.
Dated at Hawaii, this day of , 2011.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
County of Hawaii
Hilo, Hawaii
1 hereby certify and the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST:
I I AYES I NOES I ABS I EX I
BLAS
FORD
HOFFMANN
IKEDA
ONISHI
PILAGO
SMART
YAGONG
YOSHIMOTO
Reference: C-237/Counci1
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 87 11
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Exhibit "A"
RULE NO. 14
MOTIONS
No motion may be received and considered by the Council or a Committee until
the same has been seconded. A second does not require recognition from the chairperson
before it is made.
[3-.] 2. 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 ] member making the motion without consent of the corresponding
second at any time before a decision or amendment.
[4.] 3. Whenever any question is under discussion, the precedence of commonly used
motions thereto shall be to:
(a) Lay on the table.
This motion is to interrupt the pending business temporarily when something
else of immediate urgency has arisen and is out of order if the evident intent
is to kill or avoid dealing with a measure. So long as the question remains on
the table, the decision when or if it will be taken up is left open until resumed
for discussion by a majority vote at the current meeting or until close of the
next regular meeting. A question laid on the table can remain live only until
the end of the next regular meeting, and, unless taken from the table earlier,
the matter dies with the adjournment of that meeting. This motion is not
debatable. (Example: I move to lav Resolution "X" on the table.)
(b) Call for the question.
The obiect of this motion 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. The motion is voted on separately from the
matter to which it is applied and is not debatable. (Some versions are: "I
_ s
NO
[3-.] 2. 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 ] member making the motion without consent of the corresponding
second at any time before a decision or amendment.
[4.] 3. Whenever any question is under discussion, the precedence of commonly used
motions thereto shall be to:
(a) Lay on the table.
This motion is to interrupt the pending business temporarily when something
else of immediate urgency has arisen and is out of order if the evident intent
is to kill or avoid dealing with a measure. So long as the question remains on
the table, the decision when or if it will be taken up is left open until resumed
for discussion by a majority vote at the current meeting or until close of the
next regular meeting. A question laid on the table can remain live only until
the end of the next regular meeting, and, unless taken from the table earlier,
the matter dies with the adjournment of that meeting. This motion is not
debatable. (Example: I move to lav Resolution "X" on the table.)
(b) Call for the question.
The obiect of this motion 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. The motion is voted on separately from the
matter to which it is applied and is not debatable. (Some versions are: "I
move to call for the question," "I call for the question," "I call for the
previous question," or "I move that we vote now.")
(c) Postpone to a certain time.
This is a motion that delays action on a pending question to a definite day,
meeting, time, or until after a certain event. This motion requires a second,
is debatable, must not debate the merits of the main question any more than
necessary to decide if the main question should be postponed and to what
time. The motion is amendable and requires a maiority vote. (Example: "I
move to postpone this matter until `date or time'.")
(d) Commit (or refer).
This motion is generally used to send a pending question to a small group of
select persons — a committee, for careful investigation and study. This
motion must be seconded, is debatable and amendable, and requires a
majority vote for passage. (Example: "I move to refer this matter to the `X'
committee.")
(e) Amend.
This motion is used to modify the wording of a bill or resolution before it is
acted upon. 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. It must be seconded, is debatable and generally amendable,
requires a majority vote for passage, and can be reconsidered. (Example: "I
move to amend Bill or Resolution `X' with the contents of Communication
(f) 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. This
motion indicates that the committee or council declines to take a position on
the main question and the adoption of the amendment effectively kills the
main motion. It avoids a direct vote on the question and is useful for
disposing of a badly written main motion that cannot be adopted or expressly
rejected without possible undesirable consequences. The motion must be
seconded, is debatable, is not amendable, and requires a majority vote.
(Some versions are: "I move to postpone this matter indefinitely," or "I move
to postpone `Resolution or Communication X' indefinitely.")
(g) Close file on subject matter.
A motion to "close file" terminates discussion on a matter. Communications
are finalized by a vote to "close file," requires a second and a maiority vote.
(Example: "I move to close file on communication `X'.")
[ The fi fst two motions shall be .10..:.10.1 without debate. ]
r5 Previous O est: The b,' ,.t f' . motion for the e question s t., l,t „fes
Lam. ell. l llli VVJ<rVL Vl U
when this motion is earr-ied by twe thifds (2/3)
the intr-odueef of
7 7
main subjeet under- diseussion shall be permitted to elose the debate, after whieh the main
3hall be put; pfevided, 7
that the intfodueef may delegate to aflothef sueh right.
to ^ZV-Cose.]
. D6Stp6}2-�caf; irtelr.. When -c- question ro-=vstm„onecindefinitely, the ci�snuln
not be aeted upon again of fevived at any subsequef4 meeting of the Couneil whieh so disposed
of s,,,.b. questions unless by , e„t of t e majority of the !`.,,,, eil.]
4_._ Point of Order. A member can raise a question of whether or not something
is inappropriate or wrong when the member feels that the rules of the council or committee
are being violated, thereby calling upon the chairperson for a ruling and an enforcement of
the rules. It does not require a second, is not amendable, cannot be reconsidered and is not
debatable.
(a) If a "point of order" is raised:
M It takes precedence over any pending question out of which it may
arise;
It must be raised promptly at the time the breach occurs;
The chairperson may consent to permitting a member to explain, or a
knowledgeable or interested member can be heard by way of
explanation; and
It is ruled on by the chairperson without a vote, unless the
chairperson is in doubt or the chairperson's ruling is appealed.
A motion to appeal the chairperson's ruling on a point of order:
(1) Is not applicable to an opinion by the chairperson,
(2) Requires a second to be heard, at which time the question is taken
from the chairperson and vested in the entire council or committee for
a final decision; and
(3) Takes precedence over any question pending at the time.
[7-.] 5. When a motion in one of the categories described in paragraph [4,] 3 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-.] L. Notwithstanding paragraph [4,] 3 Council -initiated bills to amend the
Subdivision Control and Zoning Codes of the Hawaii County Code shall be disposed of at the
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.
[9-.] 7. 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.
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