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Home My WebLink AboutRES 138 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Council — July 24, 2013 Action: Withdrawn by introducer (Onishi) Re: Res 138-13; Comm. 335 (2012-2014 term) 1( OF N1�' COUNTY OF HAWAII •' STATE OF HAWAII RESOLUTION NO. 138 13 A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 27, COUNCIL MEMBERS, STAFF AND ALLOWANCES; RELATING TO THE DISTRICT CONTINGENCY RELIEF ACCOUNT. 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 Hawaii ("Council"); and WHEREAS, Rule No. 27 states in part that "Each Council Member shall have direct responsibility over the District Contingency Relief account."; and WHEREAS, Council Members may exercise discretion regarding the District Contingency Relief account to fund County projects or equipment as appropriate; and WHEREAS, Bill No. 90, upon approval, repeals the provision allowing Contingency Relief funds to be granted to nonprofit organizations; and WHEREAS, upon approval of Bill No. 90, Rule No. 27 should be amended to clarify that funding by the Contingency Relief account shall be limited to County projects and programs; and WHEREAS, language of Rule No. 27 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. 27 of the Rules of Procedure and Organization of the Council of the County of Hawaii is hereby amended as indicated in the attached Exhibit A. BE IT FURTHER RESOLVED that this amendment shall become effective upon repeal of Chapter 2, Article 25, Section 2-139, Subsection (a), paragraph (2), of the Hawaii County Code 1983 (2005 Edition, as amended) as provided in Bill No. 90. 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 COUNTY COUNCIL County of Hawaii Hilo, Hawaii Hawaii, this day of , 2013 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 ATTEST: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII ROLL CALL VOTE AYES NOES ABS EX EOFF FORD ILAGAN KANUHA KERN ONISHI POINDEXTER WILLE YOSHIMOTO Reference: C-335/Council COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 138 13 2 Exhibit A RULE NO. 27 COUNCIL MEMBERS, STAFF AND ALLOWANCES 1. Each Council Member shall have direct responsibility over the respective district staff. (a) It shall be the duty of the Council Member to supervise his/her district staff, including hiring, termination, promotion, and salary increase in accordance with the applicable provisions of the State and County laws, Council Rules, other personnel policies of the Council and the County, and the limitations of the legislative budget ordinance. District staff are "at will" employees whose employment shall be co -terminus with the appointing Council Member unless personnel action to the contrary is initiated. The County Clerk may also initiate termination with the concurrence of the Chairperson to assure proper management of the entire Council Office using agreed upon guidelines and procedures. The Chairperson of the Council shall continue to sign all documents necessary to implement the decisions of the individual Council Members. (b) Each Council Member is assigned two fulltime staff: (1) Council Aide. (2) Council Legislative Assistant. (c) The Chairperson is assigned four additional fulltime staff: (1) Executive Assistant to the Chairperson (EA). (2) Deputy Executive Assistant to the Council Chairperson (EA -2). (3) Special Assistant. (4) Council Aide to the Chairperson, in addition to subsection 1(b). (d) Only one person per position shall be permitted. (e) Staff responsibilities include, but are not limited to, the following: (1) Office tasks; (2) All work related to the individual Council Member, including drafting bills, resolutions, and proposed amendments, and conducting research on topics and issues required by the Council Member; 27-1 Exhibit A (3) Performing special assignments, responding to letters, complaints and telephone inquiries, gathering data or appropriate information in order that the Council Member may respond to requests from constituents, preparing messages, articles and news releases, and facilitating meetings with the community; (4) Providing Committee support if the Council Member is the Chairperson of a Committee. Committee support means attending the Committee meeting, writing the Committee report for the Chairperson's approval, drafting legislative amendments, and conducting necessary research to assist the Committee in its deliberations. Committee Chairpersons and Vice Chairpersons shall be responsible for the duties of the Committee; (5) Assisting other Council Members if approved by the appointing Council Member; (6) Assisting other divisions of the office if approved by the appointing Council Member with the concurrence of the County Clerk. 2. Each Council Member shall have direct responsibility over the District Allowance Expense (DAE) account. (a) Each Council Member shall be appropriated monies as specified in the budget for DAE to cover incidental expenses in carrying out his/her duties as an elected official. Incidental duties and activities include expenditures incurred in connection with carrying out the public's expectation of a Council Member's role and responsibility to the community and constituents. In an election year (July - December), the Council Member shall be allotted 50% of the appropriation. The remaining 50% (December—June) shall be allotted in December; however, if the incumbent Council Member is reelected in either the Primary Election or the General Election, then the remaining 50% shall be allotted immediately. (b) Allowable DAE include, but are not limited to: (1) Community meeting expenses such as facility rental fees, charges for maintenance or security services, light refreshments, special mailings or handouts, leis for speakers, and the rental of special equipment. 27-2 Exhibit A (2) Leis for recipients of honorary certificates and frames for honorary certificates. (3) The purchase of research or reference materials, publication subscriptions, or other materials related to legislative issues or procedures. (4) NACo, WIR, HSAC, conference or seminar registration fees, including travel and accommodation costs associated with the conference or seminar attended. All travel expenses shall have the concurrence of the Chairperson. (5) Miscellaneous office supplies, equipment or materials. All purchases must follow the procurement law and be domiciled in the Council Members' office. Equipment and supplies are the property of the County. (6) The expenses of his/her staff. (7) Monthly cell phone reimbursement not to exceed $75.00 per month. (8) Joint district expenditures for allowable expenses are permitted. (c) Each Council Member shall be personally responsible to pay any expenses incurred in support of the conduct of official duties and activities that exceed the allowance and those expenses that are deemed prohibited. (d) Prohibited expenses include, but are not limited to: (1) Personal, political or campaign related expenses, and those spent outside of the scope of a Council Member's official duties and activities. Please review the ethics code and the campaign spending laws. (2) Donations to community organizations or transfers to County agencies. (3) Transfers between the DAE and Contingency Relief accounts are prohibited. (4) Transfers from a district account to other district accounts are prohibited. (e) The expenses of the HSAC executive committee member or the official NACo or WIR board member shall be drawn from the general accounts. 27-3 Exhibit A (f) The expenses for the attendance of a Council Member at Committee and Council meetings and public hearings shall be drawn from the general accounts. Similarly, the reasonable expenses for the attendance of the district staff to support the Committee Chairperson shall be drawn from the general accounts with the concurrence of the County Clerk. Each Council Member shall have direct responsibility over the District Contingency Relief account. (a) Each Council Member is allotted monies as specified in the budget for annual Contingency Relief, when appropriated in the General Fund, to provide for County related projects[...] and programs. (b) In an election year (July -December), the Council Member shall be allotted 50% of the appropriation. The remaining 50% (December—June) shall be allotted in December; however, if the incumbent Council Member is reelected in either the Primary Election or General Election, then the remaining 50% shall be allotted immediately. (c) Expenditures shall be transferred to County agencies using the appropriate legislative mechanisms for the benefit of the agencies to provide for the public. The funding of non-government projects organizations or purposes, including nonprofit organizations, is prohibited. (d) All purchases of equipment must follow the procurement law and be domiciled in the County Departments. Equipment, supplies and products are the property of the County. (e) Transfers between the DAE and Contingency Relief accounts are prohibited. (f) Transfers from a district account to other district accounts are prohibited. 27-4