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HomeMy WebLinkAboutRES 485 Draft 02 2012-2014OFFICE INFORMATION ONLY Meeting: Council—August 20, 2014 Action: Filed (Draft 2) due to vote count of 3 ayes (Eoff, Ford, Wille), 6 noes Re: Res 485-14; Comm. 976 (2012-2014 term) COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 485 14 (DRAFT 2) A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 14, RELATING TO MOTIONS. WHEREAS, Rule No. 14 of the Rules of Procedure and Organization of the Council of the County of Hawaii describes procedures and policies for the making of motions during meetings of the Council and its committees; and WHEREAS, Rule No. 14 specifically references seven motions that may be made while any question is under discussion, including the motion to "Call for the question"; and WHEREAS, the purpose of this motion is to cut off debate, and when this motion is carried by a two-thirds majority, only the introducer of the main motion, or a delegate thereof, may close debate without further discussion from any other council member; and WHEREAS, Rule No. 14 requires revision to provide fairness to all council members by ensuring that each council member has an opportunity to speak on every matter under discussion before that matter is put to a vote; and WHEREAS, language of Rule No. 14 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. 14 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 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 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: 20 COUNCIL MEMBER, COUNTY OF HAWAII COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE AYES NOES ABS EX EOFF FORD ILAGAN KANUHA KERN ONISHI POINDEXTER WILLE YOSHIMOTO Reference: C-976.2/Council RESOLUTION NO, 485 14 (DRAFT 2) EXHIBIT A RULE NO. 14 MOTIONS 1. A Council Member must be recognized by the Chairperson before making a motion. A Council Member need not be recognized by the Chairperson before that Council Member seconds a motion; the Council Member making the second just needs to state for the record: "Second." For the benefit of the County Clerk and the public, the Chairperson may repeat the names of the persons making the motion and the second, and may also restate the motion. No motion may be received and considered by the Council or a Committee until the same has been seconded. (RR § 4) 2. After a motion is stated or read, it is deemed to be in the possession of the Council or Committee, and it shall be disposed of by vote of that body. However, any motion may be withdrawn by the member making the motion without consent of the corresponding second at any time before a decision or amendment. (RR § 33) 3. Whenever any question is under discussion, the precedence of commonly used motions thereto shall be to: (a) Lay on the table. This motion is to interrupt the pending business temporarily when something else of immediate urgency has arisen and is out of order if the evident intent is to kill or avoid dealing with a measure. So long as the question remains on the table, the decision when or if it will be taken up is left open until resumed for discussion by a majority vote at the current meeting or until close of the next regular meeting. A question laid on the table can remain live only until the end of the next regular meeting, and, unless taken from the table earlier, the matter dies with the adjournment of that meeting. This motion is not debatable. (Example: I move to lay Resolution "X" on the table.) (RR § 17) (b) Call for the question. The object of this motion is to cut off debate. However, before any council member may "call for the question," each council member shall have the right to speak at least once on the motion that is under consideration. [14oweye w o�] EXHIBIT A When this motion is carried by two-thirds (2/3) majority, the introducer of the main subject matter under discussion shall be permitted to close the debate, after which the main question shall be put[;] to a vote; provided, however, that the introducer may delegate to another such right to close. [The] This motion is voted on separately from the matter to which it is applied [and is not debatable.] ble.] and each council member will have one minute to explain why they support or don't support the "call for the question." (Some versions are: "I move to call for the question," "I call for the question," "I call for the previous question," or "I move that we vote now.") (RR § 16) (c) Postpone to a certain time. This is a motion that delays action on a pending question to a definite day, meeting, time, or until after a certain event. This motion requires a second, is debatable, must not debate the merits of the main question any more than necessary to decide if the main question should be postponed and to what time. The motion is amendable and requires a majority vote. (Example: "I move to postpone this matter until `date or time'.") (RR § 14) (d) Commit (or refer). This motion is generally used to send a pending question to a small group of select persons — a committee, for careful investigation and study. This motion must be seconded, is debatable and amendable, and requires a majority vote for passage. (Example: "I move to refer this matter to the `X' committee.") (RR § 13) (e) Amend. This motion is used to modify the wording of a bill or resolution before it is acted upon. No floor amendment to a bill or resolution shall be considered unless a written copy of the amended version has been presented to the County Clerk for preparation and distribution to each Council Member present. However, a floor amendment may be verbal if limited to correction of manifest clerical or typographical errors or errors in numbering, spelling, capitalization, punctuation, grammar, and gender terms, provided that the correction will not alter the meaning or effect of the underlying bill or resolution. It must be seconded, is N EXHIBIT A debatable and generally amendable, requires a majority vote for passage, and can be reconsidered. (Example: "I move to amend Bill or Resolution `X' with the contents of Communication `Y'.") (RR § 12) (f) Postpone indefinitely. When a question is postponed indefinitely, the same shall not be acted upon again or revived at any subsequent meeting of the Council which so disposed of such questions unless by consent of the majority of the Council. This motion indicates that the committee or council declines to take a position on the main question and the adoption of the amendment effectively kills the main motion. It avoids a direct vote on the question and is useful for disposing of a badly written main motion that cannot be adopted or expressly rejected without possible undesirable consequences. The motion must be seconded, is debatable, is not amendable, and requires a majority vote. (Some versions are: "I move to postpone this matter indefinitely," or "I move to postpone {Resolution or Communication `X' indefinitely.") (RR § 11) (g) Close file on subject matter. A motion to "close file" terminates discussion on a matter and records the report or presentation in the permanent history of the Council or Committee. Communications are finalized by a vote to "close file," requires a second and a majority vote. (Example: "I move to close file on communication `X'.") 4. Point of Order. A member can raise a question of whether or not something is inappropriate or wrong when the member feels that the rules of the council or committee are being violated, thereby calling upon the chairperson for a ruling and an enforcement of the rules. It does not require a second, is not amendable, cannot be reconsidered and is not debatable. (RR § 23) (a) If a "point of order" is raised: (1) It takes precedence over any pending question out of which it may arise; (2) It must be raised promptly at the time the breach occurs; (3) The chairperson may consent to permitting a member to explain, or a knowledgeable or interested member can be heard by way of explanation; and EXHIBIT A (4) It is ruled on by the chairperson without a vote, unless the chairperson is in doubt or the chairperson's ruling is appealed. (b) A motion to appeal the chairperson's ruling on a point of order: (1) Is not applicable to an opinion by the chairperson; (2) Requires a second to be heard, at which time the question is taken from the chairperson and vested in the entire council or committee for a final decision; and (3) Takes precedence over any question pending at the time. When a motion in one of the categories described in paragraph 3, or another incidental motion fails or is decided in the negative, the same shall not be revived at the same meeting relative to the main question under discussion. If all fail or are decided in the negative, the only remaining question shall be as to the passage or adoption of the bill, resolution, or other main question. 6. Notwithstanding paragraph 3, Council -initiated bills to amend the Subdivision Control and Zoning Codes of the Hawaii County Code shall be disposed of at the appropriate committee in the following manner: (a) The introducer shall make a motion to refer the bill to the Planning Director and designated planning commission, or both commissions, as provided by the Charter, for their review and respective recommendations. (b) Prior to the vote on the motion for referral, the committee may amend the bill, if it so desires. (c) After review by the Planning Director and designated planning commission, or both commissions, as provided by the Charter, the bill shall be returned to the committee for further action. (d) A failed motion to refer as provided in subparagraph (a) shall mean that the bill has failed and thus shall not be acted on further by the Council or its Committees. 7. Adjournment. Meetings may be adjourned at any time by motion and vote. Unless otherwise specified in the motion, every meeting shall be considered adjourned to the usual hour of meeting on the next regular meeting date. A motion to adjourn is always in order and shall be decided without debate. 9