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HomeMy WebLinkAboutCOM 0291.001 2010-2012 J�ZYIGF ry,�1 Phone: (808)323-4277 BRENDA J. FORD Council Member Fax: (808)329-4786 District 7 - Central Kona E-Mail: bford@co.hawaii.hi.us E OF•MF' HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. �..> cM Kailua-Kona, Hawaii 96740 DATE: August 16, 2011 ` ' TO: Dominic Yagong, Chairperson, and Members of the Hawaii County Council FROM: renda J. Ford, Council Member ' „_j SUBJECT: An Amendment to Resolution No. 115-11 To Amend The Rules Of Procedure And Organization Of The Council Of The County Of Hawaii By Amending Rule No. 5, Committees Please find attached proposed amendments to Resolution No. 115-11. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Resolution No. 115-11, (material to deleted is bracketed and stricken through, material to be added is underlined). Exhibit A of Resolution No. 115-11 is amended to read as follows: 1. Paragraph 1: "Type. There shall be three (3) types of[eenunittees] Committees: (a) Standing Committees (b) Ad Hoc Committees (see Rule No. 7) (c) Committee of the Whole" 2. Paragraph 2: "Establishment of Standing Committees. (a) Standing [acs] Committees dissolve at the end of the [eeuneil] Council term. (b) The members of the Council shall establish all [fig gees] Standing Committees and designate the Committee Chairperson and Vice Chairperson of each [ ] Standing Committees by resolution at the initial convening of the Council. Zdy/. ' Comm. No. Serving the Interests of the People of Our Island Ref. To.�p—ref XMIZI Hawai`i County is an Equal Opportunity Provider and Employer Ref. Da td AUtj 1 201L (c) After the selection of each [eeimmit4 ehai-p and viee ewer-so ] Committee's Chairperson and Vice Chairperson at the initial convening of[cal] the Council, any change of [ehairpefse ] Chairperson or Vice Chairperson, change of the responsibility of the [wee] Committee, or to add or remove a [wee] Committee shall require a resolution." 3. Paragraph 3: "Purpose and Duty. The purpose of the Committees is to expedite the business of the Council by permitting Committees to go into details on specific matters. It shall be the duty of the [standing ee mittees] Standing Committees to consider and make recommendations on matters referred to such Committees." 4. Paragraph 4: "Members. The Chairperson and all Council Members shall be members of each [standing eemfnit4ee] Standing Committee with voting privileges. Membership in the other [committees] Committees shall be in accordance with these rules or by law." 5. Paragraph 5: "Procedures for Referrals to Standing Committees. (a) The Council Chairperson is responsible for assigning the referrals to the appropriate [standing eo mittee] Standing Committee as described in Council Rule No. 4(f). (b) The Committee [ehairpersens] Chairpersons shall immediately determine that the referral was placed correctly in their Committee. Referrals that are accidentally referred to the wrong [eemmittee] Committee shall be immediately brought to the attention of the Council Chairperson.,and if determined to be in the wrong [wee] Committee by the Council Chairperson, shall be re- referred to the correct Committee. (c) All referrals forwarded to a [standing] Standing Committee's Chairperson shall, upon compliance with the mandated six- calendar-day posting notice, be placed on the agenda of the appropriate [sag] Standing Committee by the Committee Chairperson. [(d) Public nefiee of agendas shall be posted on the offieial bulletin board at 25 Aupuni Street, Hilo and at th West 14aw.,;'; Givi. Center- at 74 5044 Ane rreehoL.,lele H;n> way, n and should be [(e)] (d)Any recommendation or determination by a Committee shall be dispensed with by a formal motion and vote. [(f)] (e) A [fig] Standing Committee may expedite its business by means of referring matters to an Ad Hoc Committee." 6. Paragraph 6: Responsibilities of the Committee Chairperson. (a) The Chairperson of each [standing committee] Standing Committee shall receive all referrals to the Committee and shall /place referrals on the first available agenda unless: 11) [The C.,,,-,.. iRee (`1,aifpefso,, shall plaee rot,fals on the next m,ailable meeting agenda unless said] Said Chairperson determines circumstances exist that warrant holding the[item o referral to the second available [ice] Committee meeting [;] with the concurrence of the originator [^r the Gets ^i1 Chair-p°r�^^] (2� At the request of the administration [an ite ] on and bills (except the Operations and Capital Improvement Project budgets), resolutions, or communications, that referral may be held to a future date with the concurrence of the Committee Chairperson or Council Chairperson as appropriate; (b) Matters required by law for immediate Council action shall be placed on the first available Committee agenda. (c) The Chairperson of each Committee shall preside at all meetings unless the Chairperson voluntarily relinquishes the chair. (d) In the absence of the Committee Chairperson, the Vice Chairperson shall perform the duties of the [ehaifpe>sen] Chairperson. In the absence or disability of both the [verso Chairperson and Vice Chairperson of a [standing] Standing Committee, the Committee shall elect from among its members a temporary Chairperson(Hawai`i County Charter, Section 3-6(a)). For the process of electing a temporary Chairperson, the Finance Committee Chairperson shall act as Chairperson Pro Tempore. (Rule No. 4.2.) (e) The Chairperson shall maintain order and proper decorum and reasonably administer the receipt of oral and written testimony in accordance with these rules. (f) The Committee Chairperson shall not engage in debate or discussion of any issue brought to the [mot ee] Committee by another [^^u nei m° ] Council Member, the administration,-the public, or any other governmental agency without relinquishing the chair unless there is unanimous agreement by all [eommittee] Committee members to allow the [won] Chairperson to engage in the discussion without relinquishing the chair. Any issue brought to the [committee] Committee by the Chairperson requires that the Chairperson first relinquish the position of [ehaifper-sa ] Chairperson to the Vice Chairperson or temporary Chairperson. (g) Upon a written request and with the written concurrence of the appropriate Committee Chairperson, the Council Chairperson may authorize any item to be waived from the Committee directly to the Council agenda. (h) The Committee Chairperson shall determine what items appear on the [eommittee] Committee agenda and prepare any required reports for each meeting. A draft copy of Resolution No. 115-11, 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. 5, COMMITTEES. 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 facilitate effective and efficient procedure and organization of the legislative branch of the County of Hawaii; and WHEREAS, the Council wants to amend Rule No. 5, Committees, to include clarification in the Establishment of and Procedures for Referrals to Standing Committees, and the Responsibilities of the Committee Chairperson; and WHEREAS, the proposed amendment to Rule No. 5 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. 5 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. 5 COMMITTEES 1. Type. There shall be three (3) types of[eommittees] Committees: (a) Standing Committees (b) Ad Hoc Committees (see Rule No. 7) (c) Committee of the Whole 2. Establishment of Standing Committees. (a) Standing Committees dissolve at the end of the Council term. The members of the Council shall establish all Standing Committees and designate the Committee Chairperson and Vice Chairperson [or Go- ] of each [ ] Standing Committees by resolution at the initial convening of the Council. (c) After the selection of each Committee's Chairperson and Vice Chairperson at the initial convening of the Council, any change of Chairperson or Vice Chairperson, change of the responsibility of the Committee, or to add or remove a Committee shall require a resolution. 3. Purpose and Duty. The purpose of the Committees is to expedite the business of the Council by permitting Committees to go into details on specific matters. It shall be the duty of the [ standing eommittees ] Standing Committees to consider and make recommendations on matters referred to such Committees. 4. Members. The Chairperson and all Council Members [ members of the Couneil] shall be members of each [ standing eommittee ] Standing Committee with voting privileges. Membership in the other [eommittees ] Committees shall be in accordance with these rules or by law. 5. Procedures for Referrals to Standing Committees. shall,(a) All referrals forwar-ded to the standing eommittees upon eomplianee with the mandated six ealendar- day posting notiee, We plaeed on the agenda of the r-espeetive standing eommittees upon the ir-eetion of the Committee Chair-pe .SOM (b) Any Feeommendation or- determination by a Committee shall be dispensed with by a formal motion and vote. (e) A standing eommittee may expedite its business by means of r-efer-Fing In matters to an ad hoe eommittee. (d) A publie hear-ing may be required by an affirmative vote of three- shall be set by the Committee Chairperson or-by R sT vvaa. o. the Committee and may be held in the area or- distr-iet affe I (a) The Council Chairperson is responsible for assigning the referrals to the appropriate Standing Committee as described in Council Rule No. The Committee Chairperson shall immediately determine that the referral was placed correctly in their Committee. Referrals that are accidentally referred to the wrong Committee shall be immediately brought to the attention of the Council Chairperson, and if determined to be in the wrong Committee by the Council Chairperson, shall be re-referred to the correct Committee. (c) All referrals forwarded to a Standing Committee's Chairperson shall, upon compliance with the mandated six-calendar-day posting notice, be placed on the agenda of the appropriate Standing Committee by the Committee Chairperson. Any recommendation or determination by a Committee shall be dispensed with by a formal motion and vote. (e) A Standing Committee may expedite its business by means of referring matters to an Ad Hoc Committee. 6. Responsibilities of the Committee Chairperson. Maintain order-and proper-deeor-um and reasonably administer- reeeipt of or-a! and written testim- I . -danee with these Fules. The Committee Chairperson shall not engage in debate OF diseussion of any issue unless first relinquishing the Chairperson to the Viee (b) The Chairperson of eaeh Committee shall pr-eside at all meetings and prepare and be responsible for the agenda and reports for- p-ph meeting. (e) in the absenee of the Committee Chairperson, the Viee Ch shall perform the duties of the Chairperson. In the absenee of both t Committee shall eleet from among its members a temporm-y C Chairperson "g ^ to the Committee and may plaee r-efeFr-als on the agenda, provided that matters required by law for Couneil aetion, bills, and Fesolutio shall be plaeed on the Committee agenda within the two seheduled meetings of the date of the Feferr-al. (e) At the..F tten request of any !''oun it Member-, the appr-opt i to Committee Chairperson shall plaee a requested item(s) on the agenda- within the next two seheduled Committee meetings. (f) Upon a-A,r-itten request and with the WFitten r{illl.{i of•alv appropFiRte Committee Chairperson, the Couneil Chairperson may authorize any item to be waived from the Committee dir-eetty to the Couneil • I (a) The Chairperson of each Standing Committee shall receive all referrals to the Committee and shall place referrals on the first available agenda unless: JL Said Chairperson determines circumstances exist that warrant holding the referral to the second available Committee meeting with the concurrence of the originator; At the request of the administration on any of its bills (except the Operations and Capital Improvement Proiect budgets) , resolutions, or communications, that referral may be held to a future date with the concurrence of the Committee Chairperson or Council Chairperson as appropriate; Matters required by law for immediate Council action shall be placed on the first available Committee agenda. (c) The Chairperson of each Committee shall preside at all meetings unless the Chairperson voluntarily relinquishes the chair. In the absence of the Committee Chairperson, the Vice Chairperson shall perform the duties of the Chairperson. In the absence or disability of both the Chairperson and Vice Chairperson of a Standing Committee, the Committee shall elect from among its members a temporary Chairperson (Hawai`i County Charter, Section 3-6(a)). For the process of electing a temporary Chairperson, the Finance Committee Chairperson shall act as Chairperson Pro Tempore. (Rule No. 4.2.) (e) The Chairperson shall maintain order and proper decorum and reasonably administer the receipt of oral and written testimony in accordance with these rules. (f) The Committee Chairperson shall not engage in debate or discussion of any issue brought to the Committee by another Council Member, the administration, the public, or any other governmental agency without relinquishing the chair unless there is unanimous agreement by all Committee members to allow the Chairperson to engage in the discussion without relinquishing the chair. Any issue brought to the Committee by the Chairperson requires that the Chairperson first relinquish the position of Chairperson to the Vice Chairperson or temporary Chairperson. Upon a written request and with the written concurrence of the appropriate Committee Chairperson, the Council Chairperson may authorize any item to be waived from the Committee directly to the Council agenda. The Committee Chairperson shall determine what items appear on the Committee agenda and prepare any required reports for each meeting. 7. Other. In all other matters, Committees shall conduct their business in accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes.