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HomeMy WebLinkAboutRES 107 Draft 02 2012-2014 OJ,,tY of k� COUNTY OF HAWAII STATE OF HAWAII ..�•.�. -Vie...'; RESOLUTION NO. 107 13 (DRAFr 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, RELATING TO THE ABILITY OF A COMMITTEE CHAIRPERSON TO SPEAK ON MATTERS BEFORE HIS OR HER COMMITTEE. 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 have subsequently been amended as provided in the following resolutions: • Resolution No. 22-13 • Resolution No. 30-13, Draft 2 • Resolution No. 43-13 • Resolution No. 47-13; and WHEREAS, parts of Rule No. 5 unnecessarily restrict discussion and limit information that could be brought forward by a Council Member who also happens to be the Committee Chair; and WHEREAS, Rule No. 5, as amended, promotes fairness and encourages more thorough deliberations; and WHEREAS, language of Rule No. 5 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. 5 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 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. Dated at Hilo , Hawai`i, this 15th day of May , 2013. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X County of Hawaii on May 15, 2013 KERN X ONISHI X ATTEST: POINDEXTER X . WILLE X YOSHIMOTO X `' 9 0 0 0 ` Reference: C-255.2/Council COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 10'7 13 (DRAFT 2) 2 EXHIBIT A RULE NO. 5 COMMITTEES 1. Type. There shall be three (3) types of 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. (b) The members of the Council shall establish all Standing Committees and designate the Committee Chairperson and Vice Chairperson 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 Committees to consider and make recommendations on matters referred to such Committees. 4. Members. The Chairperson and all Council Members shall be members of each Standing Committee with voting privileges. Membership in the other Committees shall be in accordance with these rules or by law. 5. Procedures for Referrals to Standing Committees. (a) The Council Chairperson is responsible for assigning the referrals to the appropriate Standing Committee as described in Council Rule No. 4(f). EXHIBIT A (b) 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. (d) 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. (a) The Chairperson of each Standing Committee shall receive all referrals to the Committee and shall place referrals on the first available agenda unless: (1) Said Chairperson determines circumstances exist that warrant holding the referral to the second available Committee meeting with the concurrence of the originator; (2) 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; (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. EXHIBIT A (d) 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 Chairperson may speak on a matter before his or her Committee without relinquishing the Chair, provided [all members of the Committee have had an opportunity to speak] deliberation on the matter from all other members of the Committee has ended and the Chairperson is not the introducer of the item being considered. [The Chairperson may continue to speak without relinquishing the has had an opportunity to speak.] 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. (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 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.