HomeMy WebLinkAboutCOM 0001.001 2012-2014 +tY^oF h1
J YOSHIMOTO `P ` yh;' ' Phone: (808)961-8272
COUNCIL MEMBER /t:,,; Fax: (808)961-8912
Council District 3 +� Email: jyoshimoto a co.hawaii.hi.us
OF�N',Nr.-
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street, Suite 1402
Hilo, Hawai`i 96720
MEMORANDUM
TO: Members of the Hawai`i County Council
•
FROM: J Yoshimoto, Council Member
DATE: November 15, 2012
SUBJECT: Revisions to the 2010-2012 Council Rules
Revisions have been made to the Council rules from the previous term. The changes are
illustrated via Ramseyer format and read as follows (material to be deleted is bracketed and
stricken; material to be added is underscored):
1. Amends Rule No. 2 (Meetings), Section 1.
"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 meetings in East and West Hawai`i[, subject to meeting location
comply with statutory, legal and processing deadlines]. To the extent possible public
testimony shall begin at the time designated on the agenda. Absent extenuating
circumstances, ceremonial and other matters customarily handled in advance of Statements
from the Public shall be handled prior to the time stated in the agenda for public testimony
and shall be placed on the agenda."
2. Amends Rule No. 2 (Meetings), Section 6(a)(1).
"6. Videoconference Meetings.
(a) The Committees and Council may hold videoconference meetings provided that:
(1) If a Council Member wishes to attend a meeting via videoconference, a written
request shall be submitted to the Council or Committee Chairperson as well as
simultaneously to all members of the Council, and approval obtained prior to the
agenda deadline for that meeting. The Chairperson shall handle the request in the
following manner:
Comm. No.
Ref.To: C wont
Ref. Date NOV 1 5 L 1 U 2
Hawai`i County is an Equal Opportunity Provider and Employer
Members of the County Council
November 15, 2012
Page 2
(A) The request shall only be granted for compelling, urgent or unusual
circumstances;
(B) The request shall be read on the record prior to public testimony and be
recorded in the minutes;
(C) In case an emergency unexpectedly necessitates missing a Council or
Committee meeting, the Council Member shall advise the Chairperson
and the other Council Members as soon as possible; and
(D) The Chairperson of the meeting shall make an announcement prior to
public testimony to explain the reason for the Council Member's
absence."
3. Amends Rule No. 2 (Meetings), Section 9.
"9. Attendance. If a Council Member is unable to attend a meeting, prior written notice
shall be given to the Council or Committee Chairperson with the reason for absence
clearly explained. Repeated absences from in-person attendance by any Council
Member may be cause for censure."
4. Amends Rule No. 2 (Meetings), Section 11.
"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.
(c) All Council and Committee meetings shall conclude by 6:00 P.M. absent a 2/3"d
vote of all Council Members in attendance. The meeting shall be continued to a
future date as soon as is practicable."
5. Amends Rule No. 6 (Standing Committees), Section 1.
"1. Standing committees have a continuing existence. There shall be eight (8) standing
committees as follows:
(a) Committee on Finance
(b) Committee on Planning
(c) Committee on Public Works and Parks and Recreation
[(d) Committee on Governmental Relations
(e) Committee on Human Services, Social Services and Public Safety
y . .. -- - - .. - . . . ]
[( }](d) Committee on Environmental Management
[(h)](e) Committee on Agriculture, Water and Energy Sustainability
(f) Committee on Public Safety and Mass Transit
(g) Committee on Human Services and Social Services
Members of the County Council
November 15, 2012
Page 3
(h) Committee on Governmental Relations and Economic Development"
6. Amends Rule No. 6 (Standing Committees), Section 2(d) through 2(h).
"[(d) Committee on Governmental Relations:
Matters related to State and Federal legislation, Hawai`i State Association of Counties,
National Association of Counties, State/County overlapping functions, International
relations, and Federal, State and County agency relations.
(e) Committee on Human Services, Social Services and Public Safety:
(1) Matters related to health care, health insurance, increasing access to such
professional services and community clinics.
(2) Matters related to human services, social services, social service agencies,
homelessness, and non profit programs.
(3) Matters related to police and fire protection, civil defense, liquor control, humane
society, animal control, prosecuting attorney, and associated fees.
(f) Committee on and Economic Development and Mass Transit:
(1) Matters related to research and economic development programs, market
astronomy and space projects, foreign trade zones, enterprise zones, and industrial
activities.
(g) Committee on Environmental Management:
Matters related to the protection, preservation, and enhancement of the environment,
fees
(1) Matters related to solar energy, geothermal energy, wind, biomass, hydropower,
energy efficient technologies for buildings not covered by the committee on public
works.
(2) Matters related to water use efficiency and sustainability through water use
water use infrastructure, public and private water systems and wells, drinking water
agricultural, development of agriculture, forestry, aquaculture, mariculture,
(d) Committee on Environmental Management:
Matters related to the protection, preservation, and enhancement of the environment,
management of solid and hazardous waste, wastewater, recycling programs and associated
fees.
(e) Committee on Agriculture, Water and Energy Sustainability:
(1) Matters related to agriculture sustainability, food processing, diversified
agricultural, development of agriculture, forestry, aquaculture, mariculture,
fertilizers invasive species, fisheries and other natural resources.
Members of the County Council
November 15, 2012
Page 4
(2) Matters related to water-use efficiency and sustainability through water-use
conservation, management, protection, and restoration of ecosystems, investment in
water-use infrastructure, public and private water systems and wells, drinking water
for rural communities, and watershed approaches and protection.
(3) Matters related to solar energy,geothermal energy, wind, biomass, hydropower,
wave energy production, bio-fuel and synthetic fuel production, power systems, and
energy-efficient technologies for buildings not covered by the committee on public
works.
(f) Committee on Public Safety and Mass Transit:
(1) Matters related to police and fire protection, civil defense, liquor control, humane
society, animal control, prosecuting attorney, and associated fees.
(2) Matters related to public transportation/mass transit programs and associated fees.
(g) Committee on Human Services and Social Services:
(1) Matters related to health care, health insurance, increasing access to such
professional services and community clinics.
(2) Matters related to human services, social services, social service agencies,
homelessness, and non-profit programs.
(h) Committee on Governmental Relations and Economic Development
(1) Matters related to State and Federal legislation, Hawai`i State Association of
Counties,National Association of Counties, State/County overlapping functions,
International relations, and Federal, State and County agency relations.
(2) Matters related to research and economic development programs, market
development, tourism, shipping,job creation, education, scientific research,
astronomy and space projects, foreign trade zones, enterprise zones, and industrial
activities."
7. Amends Rule No. 10 (Voting), Section 1.
"1. There shall be [five (5)] four(4) methods of voting:
(a) By voice
(b) By raising of hands
[(c) By rising]
[(d)](c) By unanimous consent
j(e)](d) By roll call"
8. Amends Rule No. 10 (Voting), Section 6.
"6. No member shall refrain from voting unless excused by the Chairperson for a stated
conflict of interest or is otherwise excused as provided herein. Unless a member is
excused from voting, silence shall be recorded as an affirmative vote."
Members of the County Council
November 15, 2012
Page 5
9. Amends Rule No. 11 (Disclosure of Interest), Section 2(b).
"2. Any member who has a substantial financial and/or personal interest directly affected in
any action proposed or pending before the Council or a Committee shall refrain from
deliberating on said action and shall be excused from voting on the matter thereon.
(a) "Substantial"means an interest which is sufficient in magnitude to influence one's
official action.
(b) "Financial interest" means an interest held by a Council Member, his or her spouse,
[or dependent children] domestic partner, children, siblings, parents, grandparents, or
grandchildren, which is
(1) an ownership interest in a business,
(2) a creditor interest in an insolvent business,
(3) an employment, or prospective employment, for which negotiations have begun,
(4) an ownership interest in real or personal property,
(5) a loan or other debtor interest, or
(6) a directorship or officership in a business."
10. Amends Rule No. 13 (Public Statements and Testimony), Section 3.
"3. Oral Testimony. Oral statements from any member of the public shall abide by the
following:
(a) Pursuant to Chapter 92, Hawai`i Revised Statutes, any person wishing to present
oral testimony on any agenda item may do so consistent with this rule.
(b) Persons wishing to present oral testimony relating to any agenda item shall register
with the Clerk prior to the closing of statements from the public at the call of the
Chairperson, indicating the item on which they wish to speak and their position, if
any. Persons may provide their name, address, and organization they represent, if
any.
(c) Persons sharing the same or similar points of view may testify as a group with one
spokesperson who shall list the names of all persons in the group in attendance and
may state their home community or district, and that listing of names shall not be
considered as part of the time allotted for public testimony.
(d) During public testimony, Council Members may ask the testifier a specific
question, as opposed to making any comment of approval or disapproval or
otherwise, and may request submission of specified additional information.
Re)](e) Each person may speak for three minutes subject to the discretion of the
Chairperson.
[(d)](f) Each person must speak at the time of calling, unless the Chairperson
determines otherwise.
[(e)](g) No person will be allowed to speak twice on the same subject.
[(I)](h) Any person wishing to speak on more than one subject shall register separately
for each agenda item.
[(g)] Those speaking shall direct their remarks to the Chairperson and not to any
individual Council Member or person in the audience.
Members of the County Council
November 15, 2012
Page 6
[(h)]61 All members of the public shall extend proper courtesy and respect to one
another and to all Council Members, and all persons shall be addressed by their
surnames. No profanity or abusive remarks will be allowed at any time in any
meeting.
[(i)](k) Any person, not a member of Council, who is disrespectful to the Council or
any Committee by any disorderly or contemptuous behavior in its presence or
who disrupts the exercise of any legislator's function, may be removed from
the meeting at the discretion of the Chairperson.
[(j)]a) Any person who does not abide by these rules may be ruled out of order by the
Chairperson."
11. Amends Rule No. 16 (Order of Business), Section 2 and 3.
"2. The following shall be the Order of Business for the Council:
(a) Call to Order
(b) Roll Call
(c) Pledge of Allegiance
(d) Approval of Minutes
(e) Petitions, Memorials, Communications, Certificates of Merit and Expressions of
Condolence
(f) Statements from the Public
[(4)](g) Order of Resolutions
[(g)](h) Bills for Ordinances (First Reading)
[(h)]f Order of the Day (Second or Final Reading)
[(i)] Reports
[(j.)](k) Referrals for Executive Session
[(k�]LU Other Business
[(1)](m) Announcements
[Em-)](n) Adjournment
Council debate and decision making.]"
12. Amends Rule No. 23 (Certificate of Merit, Memorials, and Expressions of Condolence),
Section 6.
"6. All certificates [which do not have a major impact or which do not affect a significant
number of people, and are received less than six (6) days before the regular meeting date of
the Council, may be considered at such meeting] shall be submitted no less than seven (7)
days prior to the scheduled meeting date and shall be placed on the agenda prior to
Statements from the Public, as provided above in Rule No. 16."
Members of the County Council
November 15, 2012
Page 7
13. Amends Rule No. 24 (Bills and Resolutions), Section 1(b).
"1. General Procedures.
(a) A bill or resolution may be introduced by any Council Member(s). The original
copy of any bill or resolution shall be in typewritten form, dated and signed by the
introducer(s) prior to consideration.
(b) In order to be considered for placement on the Council or Committee agenda, all
new bills, resolutions, petitions, and other communications shall be filed with the
Clerk by 12 noon of:
(1) The [twelfth] ninth business day preceding the day of the Committee meeting; or
(2) The [thirteenth] tenth business day preceding the day of the Council meeting.
New bills, resolutions, petitions, and communications received later than said times
shall be placed on the agenda of the next respective Committee or Council meeting,
as the case may be."
14. Amends Rule No. 28 (County Clerk), Section 2(e).
"2. Duties. It shall be the duty of the County Clerk, in addition to those duties prescribed
by law, including Section 3-6(b), Hawai`i County Charter, to:
(a) Be responsible for the administration of the Office of the County Clerk.
(b) Have charge of all the records of the Council, keep an accurate journal of
proceedings, and make accessible to the general public, in a timely manner, all
written materials of public record and be responsible for same.
(c) Forward at once to the Chairperson and Council Members all official reports,
communications and other matters related to the Council's business.
(d) Serve in all matters as Clerk of the Council and perform all clerical and office
duties pertaining to such position as the Council shall from time to time direct, as
well as other duties assigned by law or these rules.
(e) [Attend] Absent extenuating circumstances, attend all Council meetings and read
bills, resolutions, and other matters to the Council, as required.
(f) Maintain order among those members of the public present at Council meetings and,
when required by the Chairperson, remove any person who violates these rules.
(g) Exercise direct supervision over agencies and the staff of the legislative branch of the
County.
(h) Be the authorized representative for the Committee on the Destruction of Records."
15. Amends Rule No. 29 (Deputy County Clerk), Section 2.
"2. Duties. It shall be the duty of the Deputy County Clerk to:
(a) Assume the duties of the County Clerk in the Clerk's absence.
(b) Absent extenuating circumstances, attend all Committee meetings and read all
proposed bills, resolutions, and other matters to the Committee, as requested.
[(b)](c) Perform other duties as may be assigned by the Clerk."
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