HomeMy WebLinkAboutRES 115 Draft 02 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 115 11
( DRAFT 2 )
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 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 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.
Dated at
Kona , Hawai`i, this 17th day of August , 2011.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
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 August 17 ,_2011
A'T'TEST:
C )UNTY CLERK CHAIRPERSON & PRESIDING OFFICER
2
ROLL CALL VOTE
Reference:
C- 291.2 /Council
RESOLUTION NO.
115 11
( DRAFT 2)
AYES
NOES
ABS
EX
BLAS
X
FORD
X"
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
6
1
2
0
Reference:
C- 291.2 /Council
RESOLUTION NO.
115 11
( DRAFT 2)
"Exhibit A"
RULE NO. 5
COMMITTEES
•
1. Type. There shall be three (3) types of [committees] Committees:
(a) Standing Committees
(b) Ad Hoc Committees (see Rule No. 7)
(c) Committee of the Whole
2. Establishment of Standing Committees.
Lal Standing Committees dissolve at the end of the Council term.
VII The members of the Council shall establish all Standing Committees and
designate the Committee Chairperson and Vice Chairperson [ or-Co-
] of each [ ] Standing Committees by
resolution at the initial convening of the Council.
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 Committees to consider and make
recommendations on matters referred to such Committees.
4. Members. The Chairperson and all Council Members [ mem-bers of the
Council] shall be members of each [ ] Standing Committee with
voting privileges. Membership in the other [committees ] Committees shall be in
accordance with these rules or by law.
5. Procedures for Referrals to Standing Committees.
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,ttcrs to a ad ho mittcc
�aZ 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.
Lel 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.
j Any recommendation or determination by a Committee shall be
dispensed with by a formal motion and vote.
A Standing Committee may expedite its business by means of
referring matters to an Ad Hoc Committee.
6. Responsibilities of the Committee Chairperson.
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1/
meeting.
1
L The Chairperson of each Standing Committee shall receive all
referrals to the Committee and shall place referrals on the first
available agenda unless:
01 Said Chairperson determines circumstances exist that warrant
holding the referral to the second available Committee meeting
with the concurrence of the originator;
gl At the request of the administration on any of its 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;
Matters required by law for immediate Council action shall be placed
on the first available Committee agenda.
Lel The Chairperson of each Committee shall preside at all meetings
unless the Chairperson voluntarily relinquishes the chair.
fl 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.)
Lel 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.
iLu 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 Hawai`i County Charter, and the Hawai`i Revised Statutes.
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