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Home My WebLink AboutRES 122 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 122 11 A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 2, MEETINGS. WHEREAS, the Rules of Procedure and Organization of the Council of the County of Hawai`i ( "the Rules ") govern the affairs of the Council of the County of Hawai`i ( "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 facilitate effective and efficient procedure and organization of the legislative branch of the County of Hawai`i; and WHEREAS, the Council wants to amend Rule No. 2, Meetings, to provide clarification with regard to those parts of Rule No. 2 that rely upon the provisions of the Hawai`i Revised Statutes, and also reformat Rule No. 2 so that it may be utilized in a more efficient manner; and WHEREAS, the proposed amendments to Rule No. 2 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 Rule No. 2 of the Rules is hereby amended as indicated in the attached "Exhibit A." 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 Kona , Hawai`i, this 17th day of A„gJ,Gt , 2011. INTRODUCED BY: f72-1— COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on August 17, 7011 ATTEST: ST: likkaz*6 COUNTY CLERK CHAIRPERSON & PRESIDING + FIC ROLL CALL VOTE Reference: RESOLUTION NO. C- 303 /Council 122 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 7 0 2 Reference: RESOLUTION NO. C- 303 /Council 122 11 "EXHIBIT A" RULE NO. 2 MEETINGS 1. Regular Council Meetings. 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. The Council shall hold an equal number of [ Committec and Council] meetings in East and West Hawai`i, subject to meeting location availability in West Hawai`i and adequate personnel, equipment, and support services to comply with statutory, legal and processing deadlines. [Whenever--passible, 2. Special Meetings. [ meetings may be called by the Chairperson or a majority of the Council. (a) [ ] ] Special (b) 1 • Count, Charter.] Notice of any special meeting must be filed in the Office of the Lieutenant Governor or the Office of the County Clerk at least six calendar days before the meeting, and also meet all other requirements of HRS 92 -7. An agenda for the special meeting shall be posted [ o€iees ] on the official bulletin board for the Council for public inspection, and, if possible, on the website. 3. Committee Meetings. Except as otherwise provided, those Standing Committees having referrals shall meet on the day preceding a regular Council meeting or at other places and /or times designated by the Council. ��. .. .. 1 5:]4. Executive 1 Sessions 1 Meetings. Lai Charter.] Allowable Purposes for an Executive Meeting. The Council may hold a meeting closed to the public: fl For one or more of the purposes set forth in HRS 92 -5, which are: (A) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses: (B) To consider the hiring, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved provided that if the individual concerned requests an open meeting, an open meeting shall be held; (C) To deliberate concerning the authority of persons designated by the Council or Committee members to conduct labor negotiations or to negotiate the 2 acquisition of public property, or during the conduct of such negotiations; (D) To consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities; (E) To investigate proceedings regarding criminal misconduct; (F) To consider sensitive matters related to public safety or security; (G) To consider matters relating to the solicitation and acceptance of private donations; and (H) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order; or (2) 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 (Hawai`i County Charter, section 13- 20(b)). Votes Required to Enter An Executive Meeting. The Council or its standing Committees 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. A meeting closed to the public shall be limited to matters exempted by HRS 92 -5 and in (a) above. The reason for holding such a meeting shall be publicly announced and the vote of each member on the question of holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting. Chart of Minimum Required Votes Members 2/3 of Re I uired Present Membership Votes 9 6 6 8 5.33 6 7 4.66 5 6 4 5 5 3.33 5 Any resultant official action shall be acted upon in open meeting in accordance with section 13 -20(b) of the Hawaii County Charter. LQI Per Corporation Counsel (June 2011), an Executive Meeting is terminated when the purpose of the meeting has been fulfilled. The references for this section are HRS 92 -4 and 92 -5. [6:] 5. Emergency Meetings. County Clc 1'T; and .] L Imminent Peril. If the Council finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is 4 provided for in section 92 -7, the Council may hold an emergency meeting provided that: 01 The Council states in writing the reasons for its findings; al Two - thirds of all members to which the Council is entitled agree that the findings are correct and an emergency exists; al An emergency agenda and the findings are filed with the Office of the Lieutenant Governor or the Office of the County Clerk; and j Persons requesting notification on a regular basis are contacted by mail or telephone as soon as practicable. f Unanticipated Event. If an unanticipated event requires a Council to take action on a matter over which it has supervision, control, jurisdiction, or advisory power, within less time than is provided for in section 92 -7 to notice and convene a meeting of the Council, the Council may hold an emergency meeting to deliberate and decide whether and how to act in response to the unanticipated event, provided that: The Council states in writing the reasons for its finding that an unanticipated event has occurred and that an emergency meeting is necessary and the attorney general concurs that the conditions necessary for an emergency meeting under this subsection exist; jj Two - thirds of all members to which the Council is entitled agree that the conditions necessary for an emergency meeting under this subsection exist; 01 The finding that an unanticipated event has occurred and that an emergency meeting is necessary and the agenda for the emergency meeting under this subsection are filed with the office of the lieutenant governor or the appropriate county clerk's office, and in the Council's office; Persons requesting notification on a regular basis are contacted by mail or telephone as soon as practicable; and The Council limits its action to only that action which must be taken on or before the date that a meeting would have been held, had the Council noticed the meeting pursuant to section 92 -7. For purposes of this part, an "unanticipated event" means: LAI An event which members of the Council did not have sufficient advance knowledge of or reasonably could not have known about from information published by the media or information generally available in the community; A deadline established by a legislative body, a court, or a federal, state, or county agency beyond the control of a Council; or Q A consequence of an event for which reasonably informed and knowledgeable Council members could not have taken all necessary action. LEI The reference for this section is HRS 92 -8. 6. Videoconference Meetings. ial The Committees and Council may hold videoconference meetings provided that: 01 If a Council Member wishes to attend a meeting via videoconference, a written request shall be submitted to the Council or Committee Chairperson and approval obtained prior to the agenda deadline for that meeting; j The public notice required by HRS section 92 -7 shall specify the name of each Council or Committee member and their physical location during the videoconference. If a Committee or Council member is not present at the noticed location of the 6 videoconference that Council member shall not be allowed to deliberate or vote during that meeting; fai Any Committee or Council member participating in a duly noticed meeting via videoconference shall be considered present at that meeting for the purpose of determining compliance with the quorum and voting requirements of the Committee or Council meeting; and The videoconference system allows both audio and visual interaction between all members of the Council or Committee participating in the meeting and the public attending the meeting. [See exception in subsection (b) (2)1 j Termination of a videoconference meeting. W A meeting held by videoconference shall be terminated if, after the meeting convenes, both the audio and video communication cannot be maintained with all locations where the meeting is being held, even if a quorum of the Council or Committee members is physically present in one location, however; j A meeting may be continued by audio communication alone, if: LAi All visual aids required by, or brought to the meeting by Council or Committee members or members of the public have already been provided to all meeting participants at all videoconference locations where the meeting is held; or Participants are able to readily transmit visual aids by some other means (e.g., fax copies), to all other meeting participants at all other videoconference locations where the meeting is held. If copies of visual aids are not available to all meeting participants at all videoconference locations where the meeting is held, those agenda items related to the visual aids shall be deferred until the next meeting; and n No more than fifteen minutes shall elapse in implementing the requirements listed in paragraph (b) The reference for this section is HRS 92 -3.5. 7. Sine Die. Sine Die is the last scheduled meeting of an outgoing Council and is not considered a regular meeting. The following conditions apply: (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. Availability of Agenda to Council Members. Except as otherwise provided by law, the agenda and all referrals for a regular meeting of the Council or a Committee shall be made available to Council Members at least [ seven -(7)1 six (6) calendar days prior to the meeting. 9. Attendance. If a Council Member is unable to attend a meeting, prior written notice shall be given to the Council or Committee Chairperson. [ dcadlinc for th t 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. 11. Scheduling. (a) The Council Chairperson is authorized to schedule or reschedule the location, time, date and /or subject matter of Regular, Committee, Special, or Executive meetings, provided the Committee Chairperson is consulted about the scheduling or rescheduling of a Committee meeting. (b) Public notice for any Regular, Committee, Special, or rescheduled meetings or Executive meetings when anticipated in advance, shall be provided pursuant to HRS 92- 7. 8