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HomeMy WebLinkAboutCOM 0050.001 2012-2014 �SY Os N, DENNIS "FRESH"ONISHI , PHONE: (808)961-8396 Council Member ,t FAX: (808)961-8912 �t��s:„ ��• H;MAII,:donishira,co.bimrair.hi.us District 3 • ors ' HAWAII COUNTY COUNCIL 25 Aupuni Street, Hilo, Hawaii 96720 TO: J Yoshimoto, Council Chair and Members of the Hawai`i County Council FROM: Dennis "Fresh" Onishi, Council Member `'�/vo, DATE: January 11, 2013 SUBJECT: Proposed Amendments to Resolution No. 30-13 Please find attached proposed amendments to Resolution No. 30-13. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Resolution No. 30-13 and bolded for illustrative purposes. 1. A new"WHEREAS" clause is inserted as the third clause to read as follows: "WHEREAS, the Rules were amended as provided in Resolution No. 22-13, adopted on January 9, 2013; and" 2. The fifth through the ninth"WHEREAS" clauses are deleted and replaced with new language to read as follows: "[WHEREAS, Robert's Rules of Order, Newly Revised, 10th Edition 111 "• •• - . . question to express it by his vote, he can abstain, since he cannot be compelled to vote."; and] •[ • - i. '... ., . . . , .. • . .. D. . . - . - . • . . Language, "kanalua" means, "to be in doubt; to hesitate between two things; to be in doubt how to act in a certain case; to be in doubt how to account for an event; to have in suspense; to hang in doubt"; and] [WHEREAS, the Pukui Elbert Hawaiian Dictionary further states, "Members of the Territorial legislature abstained from voting by saying, `kanalua,""; and] Comm. No. So. I Ref. To: Ref.Date AN pf' Nawai`i County is an Equal Opportunity Provider and Employer. kanalua to its original purpose; and] [WHEREAS, the Council finds that a Council Member's use of the word "kanalua" twice during a vote shall not count as an "aye" vote; and] WHEREAS, the Pukui-Elbert Hawaiian Dictionary defines "kanalua" as "Doubtful, undecided, dubious, uncertain; to doubt, hesitate, distrust; reluctance, doubt, hesitation. Members of the Territorial legislature abstained from voting by saying, `kanalua."'; and WHEREAS, the Council discourages abstentions from voting except for stated conflicts of interest as provided in Rule No. 10, Section 6; and WHEREAS, the Council is cautious about the correct spelling pronunciation and the use of the word "kanalua" to mean an affirmative vote; and" 3. Rule No. 10, Section 5 of Exhibit A is amended to read as follows: "5. Any Council Member who has reservations, pro or con, on any motion may vote in a clear voice "kanalua." After all the members have voted, the Committee Chairperson or Clerk, as the case may be,will again ask any members who voted "kanalua" to give a voice vote. [ - • • • • • . . , • , , • . • . • . . . • • „ • •• , • , , • • reee-rded as "exeu-sed"] The members shall then vote "aye" or "no."" A draft copy of Resolution No. 30-13, Draft 2, is attached with these proposed amendments incorporated therein. DO:ps Att. A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 10, VOTING, RELATING TO "KANALUA." 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 Hawai`i ("Council"); and WHEREAS, the Rules were duly adopted as provided in Resolution No. 4-12, Draft 2, during the initial convening of the Council on December 3, 2012; and WHEREAS, the Rules were amended as provided in Resolution No. 22-13, adopted on January 9, 2013; and WHEREAS, the Council first incorporated rules relating to kanalua voting with the adoption of Resolution No. 13-96 on December 18, 1996, which states: "Two kanalua votes shall be recorded as an affirmative vote."; and WHEREAS, Rule No. 10, Section 5, currently states: "Any Council Member who has reservations, pro or con, on any motion may vote in a clear voice `kanalua.' After all the members have voted, the Committee Chairperson or Clerk, as the case may be, will again ask any members who voted `kanalua' to give a voice vote. If the voting member again votes `kanalua,' the vote shall be recorded as an `aye' vote."; and WHEREAS, the Pukui-Elbert Hawaiian Dictionary defines "kanalua" as "Doubtful, undecided, dubious, uncertain; to doubt, hesitate, distrust; reluctance, doubt, hesitation. Members of the Territorial legislature abstained from voting by saying, 'kanalua.'"; and WHEREAS, the Council discourages abstentions from voting except for stated conflicts of interest as provided in Rule No. 10, Section 6; and WHEREAS, the Council is cautious about the correct spelling, pronunciation and the use of the word "kanalua"to mean an affirmative vote; and WHEREAS, language of Rule No. 10 to be deleted is bracketed and stricken and language to be added is underscored, as indicated in the attached Exhibit A; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Rule No. 10 of the Rules of Procedure and Organization of the Council of the County of Hawai`i is hereby amended as indicated in the attached Exhibit A. BE IT FURTHER RESOLVED that this amendment shall take effect upon approval. BE IT FINALLY RESOLVED that the County Clerk shall provide to all appropriate parties those pages of the Rules that have been amended to replace the pages of the Rules made obsolete by the adoption of this resolution. Exhibit A RULE NO. 10 VOTING 1. There shall be four(4) methods of voting: (a) By voice (b) By raising of hands (c) By unanimous consent (d) By roll call 2. Voting on every bill, resolution or nonprocedural motion at Council Meetings shall be by roll called by the County Clerk. When called, each member shall answer in a clear voice "aye" if voting in the affirmative, or"no" if voting in the negative. Voting on procedural motions may be by voice vote. In all cases, the Chairperson shall state the question prior to calling for the vote. The County Clerk shall record each vote in the minutes and report the result to the Chairperson who shall announce whether the motion passed or failed. Upon the request of any member of the Council, the Chairperson shall use a roll call vote. 3. The method of voting in Committees shall be determined by the Committee Chairperson, provided that if a vote is not unanimous, the Chairperson shall announce the names of those members voting in the minority and those who are absent. Upon the request of any member of the Committee, the Chairperson shall use a roll call vote. 4. If a Council or Committee meeting is being conducted via videoconferencing pursuant to HRS §92-3.5, voting on every bill, resolution, communication and report, including procedural motions, shall be by roll called by the County Clerk or the Clerk's designee. 5. Any Council Member who has reservations, pro or con, on any motion may vote in a clear voice ["kanalua."] "kanalua." After all the members have voted, the Committee Chairperson or Clerk, as the case may be, will again ask any members who voted ["kanalua"] "kanalua"to give a voice vote. [If the voting member again votes "kanalua," the vote shall be recorded as an "aye" vote.] The members shall then vote "aye" or "no." 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. 7. Whenever the ayes and noes are called, a Council Member shall not be permitted to explain a vote. After the announcement of the result, a Council Member shall not be permitted to change a vote. 8. In the event of a tie vote, the following procedures apply: (a) In the case of a tie vote on the final vote on the main motion considered by a Committee, the matter shall be forwarded to the Council with a negative recommendation. For any other motions, such as motions to amend, the motion shall fail. (b) In the case of a tie vote on any motion considered by the Council, the motion fails. 9. Official Action. No official action shall be taken except at a meeting open to the public in accordance with Section 13-20(b), Hawai`i County Charter. Business conducted by the Council during a meeting, which does not conform to the provisions of Section 13-20, shall be null and void in accordance with Section 13-20(d), Hawai`i County Charter. Except as otherwise provided by law or these rules, "Official Action" means a collective decision or an actual vote by a majority of the members of the Council, when sitting as a body or an entity, upon any matter before the Council. (Section 3-20, Hawai`i County Charter) 10. Unless otherwise provided, the vote of a majority of the entire membership of the Council or Committees shall be necessary for a motion to pass. 11. An affirmative vote of at least two-thirds of the entire membership of the Council shall be required to: (a) Apply the proceeds from the issuance of County bonds for purposes other than those for which such bonds were initially issued (Section 47-5, Hawai`i Revised Statutes); (b) Override the mayor's veto (Section 3-12, Hawai`i County Charter); (c) Authorize the employment of special counsel (Section 6-2.5, Hawai`i County Charter); (d) Make an emergency appropriation by ordinance (Sections 3-11 and 10-8, Hawai`i County Charter); (e) Amend the capital budget (Section 10-6(d), Hawai`i County Charter); (f) Cut off debate by a motion to the previous question; (g) Revise or suspend these rules; or (h) Initiate amendments or revisions to the Hawaii County Charter. 12. The Council may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present, provided the affirmative vote constitutes a majority of the members to which the Council or Committee is entitled. (Section 92-4, Hawai`i Revised Statutes) 13. Upon a one-third vote of the entire membership, the Council shall be required to: (a) Hold full readings and public hearings on bills or resolutions (Section 3-9, 3-10(a), Hawaii County Charter), or (b) Lay over an amended bill for at least one week before final reading (Section 3-10(d), Hawai`i County Charter). 14. Bills and resolutions covering similar subject matters and requiring three readings for approval may be considered and voted upon as a group on first reading with the unanimous consent of the entire membership. 15. Members of boards and commissions duly appointed by the Mayor, as prescribed in Section 13-4(b), Hawai`i County Charter, shall be voted on individually and not as a group or as a slate of members or nominees.