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Home My WebLink AboutCOM 0290.001 2010-2012 4oJN�v os Nom, - BRENDA J. FORD • `� �;�%'.•'; Phone: (808)323-4277 Council Member =_ Fax: (808)329-4786 District 7 - Central Kona E-Mail: bford @co.hawaii.hi.us O N • HAWAII COUNTY COUNCIL County of Hawai`i West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii 96740 /^: - c-) •, s 5 DATE: August 15, 2011 TO Dominic Yagong, Chairperson, -.4 and Members of the Hawai`i County Council _. FROM: Brenda J. Ford, Council Member .� SUBJECT: Proposed Amendment to Resolution No. 114-11 to Amend The Rules Of Procedure and Organization Of the Council Of The County Of Hawai`i By Amending Rule 19, Order and Decorum in Council and Committee Meetings Please find attached proposed amendments to Resolution No. 114-11. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Resolution No. 114-11, (material to be deleted is bracketed and stricken through, material to be added is underlined; all proposed changes are bolded for emphasis only). 1. Exhibit A of Resolution No. 114-11 is amended by amending paragraph 2 to read as follows: "2. A Council Member must be recognized by the Chairperson before speaking[:],with the exception of seconding the motion of another Council Member (See Rule No. 14.1). The member shall address the Chairperson when recognized and shall confine discussion to the question under debate and avoid personalities." 2. Exhibit A of Resolution No. 114-11 is amended by deleting paragraph 4 in its entirety:•• [, . • . . . • .• Comm. No. °- Ref. To:helmeted COW/4d Serving the Interests of the People of Our Island Ref. Date AUG 17si Hawaii County is an Equal Opportunity Provider and Employer the Council.]" 3. Exhibit A of Resolution No. 114-11 is amended by amending paragraph 5 to read as follows: "[S] 4. All Council Members shall extend proper courtesy, fairness, and impartiality [and resit] to one another and to all persons speaking before the Council [mod all] (See Hawaii County Charter, section 14-4). All persons shall be addressed by their surnames. [ ' • . . •• _, . . . . • , • . , . . ]" 4. Exhibit A of Resolution No. 114-11 is amended by adding a new paragraph 5 to read as follows: "5. Profanity, obscenity, name calling, abusive remarks, obscene or impolite gestures, threats or threatening gestures, or throwing items shall not be allowed at any time in any meeting by any member of the public, the administration, or the Council Members." 5. Exhibit A of Resolution No. 114-11 is amended by deleting paragraph 6 in its entirety: "I:. * : : . . . • : • , • _.]„ 6. Exhibit A of Resolution No. 114-11 is amended by adding a new paragraph 6 to read as follows: "6. The Chairperson shall maintain order and proper decorum (See Rule No. 4,2(c)). If any Council Member behaves in a disorderly or contemptuous manner during any session of the Council or Committee, the following actions should take place: j The Chairperson shall order the Council Member to cease and shall preserve the peace. If the Council Member persists in violating this rule, the Chairperson shall order the County Clerk or a designated person to remove the Council Member from the meeting, and that Council Member shall not be permitted to be seated during the remainder of the session, except upon approval of the Chairperson or by majority vote of the Council." 7. Exhibit A of Resolution No. 114-11 is amended by adding a new paragraph 7 to read as follows: "7. The County Clerk shall maintain order among those members of the public and the administration present at Council and Committee meetings, and when required or in the County Clerk's judgment, remove any person who violates these rules. (See Rule No. 28, 2.(f))." 8. Exhibit A of Resolution No. 114-11 is amended by renumbering the remaining paragraphs 7 through 9 to paragraphs 8 through 10. A draft copy of Resolution No. 114-11, Draft 2, is attached with this amendment incorporated therein. BJF/dkr att. A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 19, ORDER AND DECORUM IN COUNCIL AND COMMITTEE 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 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 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. 19, Order and Decorum in Council and Committee meetings, to include clarification of members conduct ensuring civility and fairness at every meeting; and WHEREAS, the proposed amendment to Rule No. 19 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. 19 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 print the Rules as provided herein and disseminate to all appropriate parties. "Exhibit A" RULE NO. 19 ORDER AND DECORUM IN COUNCIL AND COMMITTEE MEETINGS 1. All hearings and meetings will begin promptly at the scheduled announced time. 2. A Council Member must be recognized by the Chairperson before speaking[.],with the exception of seconding the motion of another Council Member (See Rule No. 14.1). The member shall address the Chairperson when recognized and shall confine discussion to the question under debate and avoid personalities. 3. Any Council Member who arrives late at a hearing or meeting shall refrain from taking the Council's or Committee's time with questions and inquiries on matters already discussed.•[I . • • , , • . ,• • •• , • , • • . • • . . . . . . . •• , . . . . • • • • . . . . • . the Council,] [5-4 4. All Council Members shall extend proper courtesy, fairness, and impartiality [and respeet] to one another and to all persons speaking before the Council [;and-all] (See Hawaii County Charter, section 14-4). All persons shall be addressed by their surnames. [Ne 5. Profanity, obscenity, name calling, abusive remarks, obscene or impolite gestures, threats or threatening gestures, or throwing items shall not be allowed at any time in any meeting by any member of the public, the administration, or the Council Members. [;. . . . • . • . • _•] 6. The Chairperson shall maintain order and proper decorum (See Rule No. 4, 2(c)). If any Council Member behaves in a disorderly or contemptuous manner during any session of the Council or Committee,the following actions should take place: Lai The Chairperson shall order the Council Member to cease and shall preserve the peace. If the Council Member persists in violating this rule, the Chairperson shall order the County Clerk or a designated person to remove the Council Member from the meeting, and that Council Member shall not be permitted to be seated during the remainder of the session, except upon approval of the Chairperson or by majority vote of the Council. 7. The County Clerk shall maintain order among those members of the public and the administration present at Council and Committee meetings, and when required or in the County Clerk's judgment, remove any person who violates these rules. (See Rule No. 28, 2.(f)). [7,] 8. Nothing in this rule shall diminish the responsibility or authority of the Chairperson to maintain order and decorum. [8:] 9. No Council Member may speak longer than five (5) minutes, nor may any member speak more than twice on the same question without leave of the Chairperson, subject to an appeal to the Council, unless the Council Member is the maker of the motion or sponsor of the matter pending, in which case the Council Member may speak in reply, but only after every other Council Member choosing to speak has spoken. [-] 10. In the case of a Committee, a Council Member may speak more than twice on a matter before that body, but only after every Council Member choosing to speak has spoken.