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HomeMy WebLinkAboutRES 001 Draft 01 1967COUNTY OF HAWAII - STATE OF HAWAII RESOLUTION NO. 1 ADOPTING NEW RULES OF PROCEDURE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII. BE IT RESOLVED by the Board of Supervisors of the County of Hawaii that the attached RULES OF PROCEDURE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII is hereby adopted to govern the affairs of the Board. Dated at Hilo, Hawaii, this 2nd day of January, 1967. INTRODUCED BY: ✓ Supervisor, County of Hawaii RULES OF PROCEDURE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII Rule 1 SEPARATION OF ADMINISTRATIVE AND LEGISLATIVE FUNCTIONS It is the policy of this Board of Supervisors that the legislative and administrative functions be so separated that the Board shall serve as the legislative body and that the administrative duties shall be performed by the Chairman and Executive Officer. Rule 2 XA=Z TT MV`_C 1. The Board of Supervisors shall hold regular meetings for the transaction of public business beginning at 10:00 A.M. on the first and third Wednesday of each month or on the following day if such Wednesday be a public holiday. 2. Special meetings may be called at any time by the chairman and executive officer of the Board of Supervisors or a majority of the Board upon twelve (12) hours' notice by telephone or in writing to each member when necessary for the public welfare. Rule 3 ADJOURNMENTS 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. Rule 4 QUORUM 1. A majority of the members of the Board shall constitute a quorum for the transaction of business, but in order to pass any ordinance or to order the disposal of any property of the County, to execute any contract or to approve the budget or estimate of expenditures, or remove an officer, or fill vacancies, it shall be necessary that such ordinance or order shall receive the approval of a majority of the members of the Board. 2. A majority of less than a quorum may adjourn from day to day and shall have power to compel the attendance of absent members. Rule 5 APPOINTMENT FOR VACANCIES Whenever there shall be any vacancy in the Board, such vacancy shall be filled by appointment by the remaining members of the Board for the remainder of the unexpired term of such office. Rule 6 OFFICERS AND THEIR DUTIES 1. Presiding Officer. The Chairman shall be the presiding officer of the Board of Supervisors. In the absence of the Chairman, the Board shall appoint a presiding officer from its own members who shall have the same right to vote as other members; PROVIDED, HOWEVER, that when and so long as the Chairman is tempo- rarily unable to perform his duties, a member of the Board shall be chosen by the Board as Chairman Pro Tempore, and in such case, he shall have all the powers and be subject to all the duties of such Chairman. -2- It shall be the duty of the chairman: a) To open the meeting of the Board at the appointed hour by taking the chair and calling the meeting to order. b) To call for the reading of the minutes of the preceding meeting when a quorum shall be present. c) To maintain order and proper decorum in debate. The chairman shall not engage in debate or discussion of any issue by the Board. If he wishes to so do, he shall first be required to relinquish the chair to a temporary chairman. d) To announce the business before the Board in order prescribed by the rules. e) To receive and submit before the Board all matters that are properly introduced by the members and to call for votes upon the same and to announce the results. f) To authenticate by his signature all acts of and doings by the Board when necessary.- g) ecessary. g) To make known Rules of Order when so requested, and to decide all questions of order subject to an appeal to the Board. h) To receive all communications from the various departments of the government and the public and present them to the Board. i) In case of disturbance or disorderly conduct, the chairman may have the room cleared of all persons except the members of the Board and officers of the County of Hawaii. j) He shall vote in case of a tie, or when the "Aye" and "No" vote is demanded. -3- Rule 7 COMMITTEES 1. There shall be three kinds of committees, namely: a) Standing Committees b) Special Committees c) Committees of the Whole 2. The members of the Board shall appoint all Committees and designate the committee chairman and vice chairman of each committee. 3. The Chairman and Executive Officer of the Board shall be an ex -officio member of all committees without voting privilege. Rule 8 STANDING COMMITTEES There shall be four Standing Committees, consisting of at least three members each, and these Standing Committees shall be: 1. A Finance Committee. 2. A Public Works Committee. 3. A Public Safety and Parks Committee. 4. A Legislative Committee. Rule 9 SPECIAL COMMITTEES Special committees shall consist of three members except where a larger number is specified by the Board, and shall be appointed from time to time as occasion requires. All members shall be appointed by the Chairman with the approval of the Board. Rule 10 COMMITTEES OF THE WHOLE The Board may from time to time resolve itself into a Committee of the Whole. Whenever any matter is referred to such Committee, upon the adoption of a motion to that effect, the members of the Board shall appoint one of their members to take the chair, or may allow the chairman and executive officer to retain the chair if such is the wish of the Board. RULES IN COMMITTEES OF THE WHOLE. In a Committee of the Whole the Rules of Procedure which govern the Board shall be observed, excepting that any member may speak more than once on the same subject, but no one shall speak a second or further time until others desiring to speak shall have had an opportunity nor shall the motion for the previous question be allowed until all members desiring to speak have had an opportunity to so do. CLERK OF THE COMMITTEE OF THE WHOLE. The County Clerk shall be the clerk of the Committee of the Whole and he shall make a complete record of the proceedings thereof in a record book which shall be kept as one of the records of the Board. BILLS IN COMMITTEE OF THE WHOLE. When a bill, resolution or other matter shall be referred to a Committee of the Whole the same shall be read first throughout by the County Clerk, and then read again by sections and debated, leaving the preamble to the last. The body of the bill or resolution shall not be defaced or interlined; but all amendments, -5- noting the page and lines, shall be duly entered by the County Clerk as the same shall be agreed to by such Committee. On the motion duly adopted, the reading of the whole bill or resolution, before considering it section by section, may be dispensed with. Rule 11 COMMITTEE REPORTS 1. Standing Committees shall report from time to time upon all matters referred to them. 2. Special Committees shall report within thirty (30) days upon all matters referred to them, unless further time is allowed by vote of the Board. 3. Any Committee of the Whole shall, on motion duly adopted, rise and report its findings and recommendations, or, if the matter under consideration is not concluded, ask leave to sit again at some future date. 4. Whenever any matter shall be referred to a Committee, it shall be the duty of such Committee to make diligent inquiry into all of the facts and circumstances connected with such matter. If necessary, the county attorney may be consulted, witnesses may be summoned and examined, documents and records searched; and everything done to bring all facts pertaining to such matter before the Board. 5. The report of a Committee on any matter shall state findings of facts and conclusions based thereon, together with a distinct recommendation as to disposal of such matter. 6. The report of a Committee on a bill or resolution shall state clearly the amendments, if any, proposed. If a substitute bill or resolution shall be reported in place of the one referred to such Committee, the same must agree with the subject of the one submitted and returned to the Board. 7. Whenever a Committee fails to agree, the majority shall report and the same shall be the report of the Committee. The minority of the Committee may file a separate report or simply note on the report of the majority of the Committee the words "I (or we) do not concur." Rule 12 VOTING 1. There shall be four (4) methods of voting. 1st, by viva voce vote; 2nd, by raising of hands; 3rd, by roll call; 4th, by ballot. 2. Whenever the Board is ready to vote on any question, the Chairman, after stating the question, shall call upon those in favor of the question to say "aye," after which the Chairman shall call upon those in the negative to say "no," and thereupon he shall announce the result to the Board. This method of voting shall apply only to ordinary matters. 3. If any member shall doubt the result as announced, the Chairman shall again state the question and call upon the members to vote by raising their hands, and they shall keep their hands raised until counted by the County Clerk, after which the result shall again be announced. -7- 4. Upon the request of any member of the Board and on every bill or resolution, the County Clerk shall call the Roll. Each member, when called, shall answer in a clear voice "Aye," if voting in the affirmative, or "No," if voting in the negative. The County Clerk shall record each vote in the minutes and report to the Chairman, who shall announce the result to the Board. 5. No member shall refrain from voting unless excused by the Board; provided, however, that no one shall be permitted to vote upon any question where he shall have any pecuniary interest in the result, or which will affect his right to membership on the Board, or wherein his official conduct shall be involved. 6. After the vote has been announced, no one shall be permitted to vote or to change his vote. Rule 13 PETITIONS AND MEMORIALS 1. Any person may petition the Board. Petitions and other memorials shall be in writing, signed by the petitioners. 2. All petitions, memorials and other papers addressed to the Board shall be presented by the Chairman or by a member in his stead, and shall be endorsed with the name of the persons presenting it, and the subject matter of the same. 3. A brief statement of the contents of any petitions, memorial or other paper shall be made verbally by the one presenting the same. 4. All petitions, memorials and other papers addressed to the Board or the Chairman and the Board which are received less than forty-eight (48) hours before the regular meeting date of the Board shall not be considered at such meeting except emergency matters requiring immediate attention, or unless by consent of the majority of the Board. Rule 14 RESOLUTIONS, MOTIONS AND AMENDMENTS 1. All resolutions shall be in writing upon legal size paper dated and signed by the introducer. 2. Motions and amendments may be made verbally but shall be reduced to writing if requested by the Chairman and shall be read from the desk if so desired. 3. No motion shall be received and considered by the Board unless the same has been recorded. 4. Whenever any question shall be under discussion the only motions relative thereto shall be: a) To lay on the table; b) To postpone to a certain time; c) To postpone indefinitely; d) To commit, or e) To amend. The foregoing motions shall have precedence in the order named. The first two motions shall be decided without debate and shall be put as soon as made. 5. When any of said motion shall be decided in the negative, the same shall not be revived at the same meeting relative to the main question under discussion. If all are negative as aforesaid, the only remaining question shall be as to the passage or adoption of the bill, resolution, or other main question. Rule 15 LIMIT OF DEBATE No member shall speak longer than five minutes, nor shall he speak more than twice on the same question without leave of the Board unless he be the mover of the matter pending, in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken. Rule 16 INDEFINITE POSTPONEMENT When a question is postponed indefinitely, the same shall not be acted upon again or revived at any subsequent meeting of the Board which so disposed of such question unless by consent of the majority of the Board. Rule 17 PREVIOUS QUESTION The object of the motion for the previous question is to cut off debate. Whenever the motion is carried, the author or 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 author or introducer may delegate to another such right to close. Rule 18 RECONSIDERATION When a motion has been once made and carried in the affirmative or negative, it shall not be in order for any member who voted in the minority to move for a reconsideration thereof; but any member who voted with the majority may move to reconsider it, at the same meeting, or at the next regular adjourned meeting, and such motion shall take precedence over all other questions except a motion to adjourn. An issue shall not be reconsidered more than once unless by consent of the majority of the Board. -10- Rule 19 MOTION TO ADJOURN A motion to adjourn is always in order and shall be decided without debate. One motion to adjourn shall not follow another without intervening business. Rule 20 ACTION ON ORDINANCE When an ordinance shall be taken up by the Board, it shall be first read throughout by the County Clerk, and then again re -read and debated section by section, leaving the preamble to be the last considered. The body of the ordinance shall not be defaced or interlined, but all amendments, noting the page and line, shall be duly entered by the County Clerk, on a separate paper as the same shall be agreed to by the Board. Reading of the ordinance and debating on the sections thereof may be dispensed with by motion. Rule 21 ORDER OF BUSINESS The following shall be the order of business: a) Roll call b) Statements from any member of the public who may be in the Board room and desire to speak c) Petitions, memorials and communications d) Reports of standing committees e) Reports of special committees f) Resolutions and ordinances g) Unfinished business -11- h) Order of the Day, including second reading of resolutions and ordinances i) New business Rule 22 ATTENDANCE No member shall absent himself from the meetings of the Board unless he has leave granted by the chairman or temporary presiding officer, or is sick and unable to attend. Rule 23 AMENDMENTS AND NEW RULES No rule of the Board shall be altered or rescinded, nor any new standing rule be adopted without one day's notice of the motion therefor is firstly given to each member, nor without the affirmative vote of a majority of the members of the Board. Rule 24 SUSPENSION OF RULES No rule of the Board shall be suspended unless by a majority vote of the members of the Board. Rule 25 WHEN RULES ARE SILENT The rules of parliamentary practice as laid down by Robert's Rules of Order, Revised, where not inconsistent with these rules, shall govern the Board. -12-