HomeMy WebLinkAboutCOM 0335.001 2012-2014 Margaret Wille .-----;,'• Phone No. Hilo: (808)961-8027
Council Member c°°•'�� 1.,`,. Phone No. Waimea: (808) 887-2043
District 9-North and South Kohala ....,' Fax No.: (808)887-2072
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.; � �•I' E-Mail: mwille @co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building Holomua Center West Hawai`i Civic C.apter B . A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohogle H, ;.
Hilo, Hawai`i 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawak,96741T'Q
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TO: J Yoshimoto, Council Chair N cam)
and Members of the Hawai`i County Council 3 -'.t-
->rn
FROM: argaret Wille, Council Member N _
DATE: July 22, 2013
SUBJECT: Proposed Amendments to Resolution No. 138-13; Relating to the District
Contingency Relief Fund
Please find attached proposed amendments to Resolution No. 138-13. The amendments are
illustrated below in Ramseyer format; material to be deleted is bracketed and stricken through;
material to be added is underscored. The proposed amendments read as follows:
1. Deletes the fourth whereas clause:
"[ • - _ _, E' , :. •e, . :: . :: : al, repeals the provision allowing Contingency
Relief funds to be granted to nonprofit organizations; and]"
2. Amends the fifth whereas to read:
"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]z
programs, and events, and that nonprofit organizations that received grant in aid funds are
prohibited from receiving District Contingency Relief funds in that same fiscal year; and"
3. Deletes the be it further resolved clause:
"[BE IT FURTHER RESOLVED that this amendment shall become effective upon
repeal of Chapter 2, Article 25, Section 2 13-9, Subsection(a), paragraph (2), of the Hawai`i
County Code 1983 (2005 Edition, as amended) as provided in Bill No. 90.]" 7,
Comm. N�..yy f ,
Serving the Interests of the People of Our Island Ref.To: if(( t
Hawai`i County Is An Equal Opportunity Provider And Employer Ref. Dote JUL 2 4 2013
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 22, 2013
Page 2 of 5
4. Amends Exhibit A to read:
"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;
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 22, 2013
Page 3 of 5
(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.
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 22, 2013
Page 4 of 5
(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.
(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
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 22, 2013
Page 5 of 5 -
Committee Chairperson shall be drawn from the general accounts with the
concurrence of the County Clerk.
3. 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 [v], and events. The funding of nonprofit
organizations is permitted, except that the transfer of District Contingency Relief
funds to those nonprofit organizations that received grant in aid funds pursuant to
section 2-139(a) of the Hawai`i County Code in the same fiscal year is
prohibited.
(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 Bove neat prejeete,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."
A draft copy of Resolution No. 138-13, Draft 2, is attached with these amendments incorporated.
MW/dh
att.
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
Hawai`i ("the Rules") govern the affairs of the Council of the County of Hawai`i ("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, 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, programs,
and events, and that nonprofit organizations that received grant in aid funds are prohibited from
receiving District Contingency Relief funds in that same fiscal year; 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 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.
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.
(f) Each Council Member is assigned two fulltime staff:
(1) Council Aide.
(2) Council Legislative Assistant.
(g) 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).
(h) Only one person per position shall be permitted.
(i) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
3. 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, programs, and events. The funding of nonprofit
organizations is permitted, except that the transfer of District Contingency Relief
funds to those nonprofit organizations that received grant in aid funds pursuant to
section 2-139(a) of the Hawai`i County Code in the same fiscal year is
prohibited.
(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 specified
public.
(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