HomeMy WebLinkAboutRES 030 Draft 01 2014-2016OFFICE INFORMATION ONLY
Meeting: Council — January 7, 2015
Action: Withdrawn by Introducer (Witte)
Re: Res 30-15: Comm. 34 (2014-2016 term)
COUNTY OF HAWAII
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RESOLUTION NO.
STATE OF HAWAII
30 145-
A
4
A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION
OF THE COUNCIL OF THE COUNTY OF HAWAII.
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 Hawaii ("Council");
and
WHEREAS, the Rules were duly adopted as provided in Resolution No. 4-14, Draft 2
during the initial convening of the Council on December 1, 2014; and
WHEREAS, the Council finds that the rules could be improved by certain amendments;
and
WHEREAS, language of rules 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 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 , Hawai`i, this day of 120
1NTRODUC/D,BY:
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
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
CIL MEMBER, COUNTY OF HAWAI`
ROLL CALL VOTE
AYES NOES ABS I EX
CHUNG
DAVID
EOFF
ILAGAN
KANUHA
ONISHI
PALEKA
POINDEXTER
WILLE
Reference:
C-34/Council
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 30 15
EXHIBIT A
RULE NO. 2
MEETINGS
1. Regular Council Meetings. The Council shall meet regularly at least twice in every
month at the place and time designated by the Council. Whenever possible, the meetings will be
scheduled on the first and third Wednesday of each month. The Council shall hold an equal
number of meetings in East and West Hawaii. To the extent possible public testimony shall
begin at the designated time on the agenda. Absent extenuating circumstances, ceremonial and
other matters customarily handled in advance of Statements from the Public shall be handled
prior to the time stated in the agenda for public testimony and shall be placed on the agenda.
2. Special Meetings. Special meetings may be called by the Chairperson or a majority of the
Council.
(a) Notice of any special meeting must be filed in the Office of the Lieutenant
Governor or the Office of the County Clerk at least six calendar days before the
meeting, and also meet all other requirements of HRS 92-7.
(b) An agenda for the special meeting shall be posted on the official bulletin board for
the Council for public inspection, and, if possible, on the website.
3. Committee Meetings. Except as otherwise provided, those Standing Committees having
referrals shall meet on the day preceding a regular Council meeting or at other places and/or
times designated by the Council.
4. Executive Meetings.
(a) Allowable Purposes for an Executive Meeting. The Council may hold a meeting
closed to the public:
(1) For one or more of the purposes set forth in HRS 92-5, which are:
(A) To consider and evaluate personal information relating to
individuals applying for professional or vocational licenses;
(B) To consider the hiring, evaluation, dismissal, or discipline of an
officer or employee or of charges brought against the officer or
employee, where consideration of matters affecting privacy will be
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involved provided that if the individual concerned requests an open
meeting, an open meeting shall be held;
(C) To deliberate concerning the authority of persons designated by the
Council or Committee members to conduct labor negotiations or to
negotiate the acquisition of public property, or during the conduct
of such negotiations;
(D) To consult with the board's attorney on questions and issues
pertaining to the board's powers, duties, privileges, immunities,
and liabilities;
(E) To investigate proceedings regarding criminal misconduct;
(F) To consider sensitive matters related to public safety or security;
(G) To consider matters relating to the solicitation and acceptance of
private donations; and
(H) To deliberate or make a decision upon a matter that requires the
consideration of information that must be kept confidential
pursuant to a state or federal law, or a court order; or
(2) Where personal matters affecting the privacy of an individual are to be
considered and the individual involved requests a closed meeting to
consider such matter (Hawai`i County Charter, section 13-20(b)).
(b) Votes Required to Enter An Executive Meeting. The Council or its standing
Committees 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. A meeting closed to the public shall be limited
to matters exempted by HRS 92-5 and in (a) above. The reason for holding such
a meeting shall be publicly announced and the vote of each member on the
question of holding a meeting closed to the public shall be recorded, and entered
into the minutes of the meeting.
2
Chart of Minimum Required Votes
Members
Present
2/3 of
Membership
Required
Votes
9
6
6
8
5.33
6
7
4.66
5
6
4
5
5
3.33
5
(c) Any resultant official action shall be acted upon in open meeting in accordance
with section 13-20(b) of the Hawaii County Charter.
(d) Per Corporation Counsel (June 2011), an Executive Meeting is terminated when
the purpose of the meeting has been fulfilled.
(e) The references for this section are HRS 92-4 and 92-5.
Emergency Meetings.
(a) Imminent Peril. If the Council finds that an imminent peril to the public health,
safety, or welfare requires a meeting in less time than is provided for in section
92-7, the Council may hold an emergency meeting provided that:
(1) The Council states in writing the reasons for its findings;
(2) Two-thirds of all members to which the Council is entitled agree that the
findings are correct and an emergency exists;
(3) An emergency agenda and the findings are filed with the Office of the
Lieutenant Governor or the Office of the County Clerk; and
(4) Persons requesting notification on a regular basis are contacted by mail or
telephone as soon as practicable.
(b) Unanticipated Event. If an unanticipated event requires a Council to take action
on a matter over which it has supervision, control, jurisdiction, or advisory power,
within less time than is provided for in section 92-7 to notice and convene a
meeting of the Council, the Council may hold an emergency meeting to deliberate
and decide whether and how to act in response to the unanticipated event,
provided that:
(1) The Council states in writing the reasons for its finding that an
unanticipated event has occurred and that an emergency meeting is
necessary and the attorney general concurs that the conditions necessary
for an emergency meeting under this subsection exist;
(2) Two-thirds of all members to which the Council is entitled agree that the
conditions necessary for an emergency meeting under this subsection
exist;
(3) The finding that an unanticipated event has occurred and that an
emergency meeting is necessary and the agenda for the emergency
meeting under this subsection are filed with the office of the lieutenant
governor or the appropriate county clerk's office, and in the Council's
office;
(4) Persons requesting notification on a regular basis are contacted by mail or
telephone as soon as practicable; and
(5) The Council limits its action to only that action which must be taken on or
before the date that a meeting would have been held, had the Council
noticed the meeting pursuant to section 92-7.
For purposes of this part, an "unanticipated event" means:
(A) An event which members of the Council did not have sufficient
advance knowledge of or reasonably could not have known about
from information published by the media or information generally
available in the community;
(B) A deadline established by a legislative body, a court, or a federal,
state, or county agency beyond the control of a Council; or
(C) A consequence of an event for which reasonably informed and
knowledgeable Council members could not have taken all
necessary action.
(c) The reference for this section is HRS 92-8.
6. Videoconference Meetings.
(a) The Committees and Council may hold videoconference meetings provided that:
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(1) If a Council Member wishes to attend a meeting via videoconference, a
written request shall be submitted to the Council or Committee
Chairperson as well as simultaneously to all members of the Council, and
approval obtained prior to the agenda deadline for that meeting. The
Chairperson shall handle the request in the following manner:
(A) The request shall only be granted [for eempelling, urgent or
unusual eir-e mstaneesfl due to illness emergency matter, or court
directive;
(B) The request shall be read on the record prior to public testimony
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and be recorded in the minutes;
(C) In case an emergency unexpectedly necessitates missing a Council
or Committee meeting, the Council Member shall advise the
Chairperson and the other Council Members as soon as possible;
and
(D) The Chairperson of the meeting shall make an announcement prior
to public testimony to explain the reason for the Council Member's
absence.
(2) The public notice required by HRS section 92-7 shall specify the name of
each Council or Committee member and their physical location during the
videoconference. If a Committee or Council member is not present at the
noticed location of the videoconference that Council member shall not be
allowed to deliberate or vote during that meeting;
(3) Any Committee or Council member participating in a duly noticed
meeting via videoconference shall be considered present at that meeting
for the purpose of determining compliance with the quorum and voting
requirements of the Committee or Council meeting; and
(4) The videoconference system allows both audio and visual interaction
between all members of the Council or Committee participating in the
meeting and the public attending the meeting. (See exception in subsection
(b) (2))
(b) Termination of a videoconference meeting.
(1) A meeting held by videoconference shall be terminated if, after the
meeting convenes, both the audio and video communication cannot be
maintained with all locations where the meeting is being held, even if a
quorum of the Council or Committee members is physically present in one
location, however;
(2) A meeting may be continued by audio communication alone, if:
(A) All visual aids required by, or brought to the meeting by Council
or Committee members or members of the public have already
been provided to all meeting participants at all videoconference
locations where the meeting is held; or
(B) Participants are able to readily transmit visual aids by some other
means (e.g., fax copies), to all other meeting participants at all
other videoconference locations where the meeting is held.
If copies of visual aids are not available to all meeting participants
at all videoconference locations where the meeting is held, those
agenda items related to the visual aids shall be deferred until the
next meeting; and
(C) No more than fifteen minutes shall elapse in implementing the
requirements listed in paragraph (b) (2).
(c) The reference for this section is HRS 92-3.5.
7. Sine Die. Sine Die is the last scheduled meeting of an outgoing Council and is not
considered a regular meeting. The following conditions apply:
(a) Only resolutions shall be allowed on the agenda.
(b) No other legislative proceedings shall be allowed with the exception of addressing
emergencies.
(c) The meeting shall start at 9:00 A.M., at a location designated by the
Council Chairperson.
Availability of Agenda to Council Members. Except as otherwise provided by law, the
agenda and all referrals for a regular meeting of the Council or a Committee shall be made
available to Council Members at least six (6) calendar days prior to the meeting.
101
9. Attendance. If a Council Member is unable to attend a meeting, prior written notice
shall be given to the Council or Committee Chairperson with the reason for absence clearly
explained. Repeated absences from in-person attendance by any Council Member may be cause
for censure.
10. Roll call. A voice roll call will be taken to confirm each Council Member's attendance.
A Council Member shall respond by answering "eo," "present," or "here."
11. Recesses. Notwithstanding the need to occasionally call for short recesses or lunch
breaks, when there may be unusual circumstances for the Chairperson to call for a recess, the
Chairperson shall announce the anticipated length of the recess and time of reconvening.
12. Scheduling.
(a) The Council Chairperson is authorized to schedule or reschedule the location,
time, date and/or subject matter of Regular, Committee, Special, or Executive
meetings, provided the Committee Chairperson is consulted about the scheduling
or rescheduling of a Committee meeting.
(b) Public notice for any Regular, Committee, Special, or rescheduled meetings, or
Executive meetings when anticipated in advance, shall be provided pursuant to
HRS 92-7.
RULE NO. 4
OFFICERS AND THEIR DUTIES
1. Officers. The officers of the Council shall consist of the Chairperson and Vice
Chairperson who shall perform the duties prescribed by law and these rules. Each shall be
elected by a majority vote of the entire membership of the Council and serve at its pleasure. Any
vacancy shall be filled in like manner.
2. Presiding Officer. The Chairperson of the Council shall be the Presiding Officer of the
Council and have the right to vote as other members. In the absence or disability of the
Chairperson, the Vice Chairperson shall act as the Presiding Officer. In the absence or disability
of both the Chairperson and Vice Chairperson, the Council shall elect from among its members a
temporary presiding officer and the Finance Committee Chairperson shall serve as the
Chairperson Pro Tempore for purposes of presiding over the election.
It shall be the duty of the Chairperson to:
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(a) Open all meetings of the Council at the appointed hour by taking the chair and
calling the Council to order.
(b) Call for the approval of the minutes of the preceding meeting.
(c) Maintain order and proper decorum and reasonably administer the receipt of oral
and written testimony in accordance with these rules. The Chairperson shall not
engage in debate or discussion of any issue unless first relinquishing the chair to
the Vice Chairperson.
(d) Announce the business before the Council in the order prescribed by these rules
and the results of any Council vote.
(e) Sign all documents and authenticate all official acts of the Council as required.
(f) Receive all reports, communications, bills, resolutions, and other items from the
public, the Mayor, various departments of the government, and individual Council
Members, and immediately make the proper referrals of these matters to the
Council or to the appropriate Committee Chairperson(s). All communications
shall be numbered and made available to the public, except as otherwise provided
by law. (Section 13-20(a), Hawaii County Charter)
[(h)]tg)Provide for the coordination of all meetings, functions, and legislative and
administrative activities of the Council, and assure that they are honestly,
efficiently and lawfully conducted.
[(i)](hh) Make known all rules of order when so requested and decide all questions of
order and procedure, subject to appeal to the Council.
[(j)]Ci) Serve as the chief spokesman and representative of the Council for matters before
the public, the state and the federal governments, and the County administration
in accordance with the official position of the Council.
[(l -)](D Assist the Chairpersons and members of the Committees and ad hoc committees
by assuring the availability of adequate administrative and staff support.
[(1)]Lk) Authorize (approve or deny) all travel requests of Council Members and staff as
provided in the Section 13-17, Hawaii County Charter, and Article 16, Section 2-
94(a) and (b), Hawaii County Code.
[(i*)](I)Recommend a calendar of events to include Council meetings, Committee
meetings, agenda deadlines, recesses, special meetings, holidays, etc.
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).
(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
0
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.
(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
10
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 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. 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 Getineil Chairperson may uthe -7 ti] any item [to]
May 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 Hawaii County Charter, and the Hawaii Revised Statutes.
RULE NO. 13
PUBLIC STATEMENTS AND TESTIMONY
1. Written Testimony. Written testimonies shall be received for the record on any agenda
item. If possible, fourteen (14) written copies of the testimony should be submitted for
presentation to the Council or Committee by 12 noon the previous business day of the
meeting(s). Testimonies received after 12 noon shall still be received for the record and will be
presented to the Council or Committee members as soon as practicable.
[!2. 1"i&n Testimony. Prereear-Eled video testimonies shall be reeeived for- the feeer-d on any
agenda iteffl and should be submitted for- presentation to the Gouneil or- Committee by 12 noon
the pfevious business day of the meeting(s). Testimonies reeeived after- 12 noon shall still be
r-eeeived for the r-eeor-d and will be presented to the Gotineii or Committee member -s as soon as-
e-.]
[3] 2. Oral Testimony. Oral statements from any member of the public shall abide by the
following:
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(a) Pursuant to Chapter 92, Hawaii Revised Statutes, any person wishing to present
oral testimony on any agenda item may do so consistent with this rule.
(b) Persons wishing to present oral testimony relating to any agenda item shall
register with the Clerk prior to the closing of statements from the public at the call
of the Chairperson, indicating the item on which they wish to speak and their
position, if any. Persons may provide their name, address, and organization they
represent, if any.
(c) Persons sharing the same or similar points of view may testify as a group with one
spokesperson who shall list the names of all persons in the group in attendance
and may state their home community or district, and that listing of names shall not
be considered as part of the time allotted for public testimony.
(d) During public testimony, Council members may ask the testifier a specific
question, as opposed to making any comment of approval or disapproval or
otherwise, and may request submission of specified additional information.
(e) Each person may speak for three minutes subject to the discretion of the
Chairperson.
(f) Each person must speak at the time of calling, unless the Chairperson determines
otherwise.
(g) No person will be allowed to speak twice on the same subject.
(h) Any person wishing to speak on more than one subject shall register separately
for each agenda item.
(i) Those speaking shall direct their remarks to the Chairperson and not to any
individual Council Member or person in the audience.
0) All members of the public shall extend proper courtesy and respect to one another
and to all Council Members, and all persons shall be addressed by their surnames.
No profanity or abusive remarks will be allowed at any time in any meeting.
(k) Any person, not a member of Council, who is disrespectful to the Council or any
Committee by any disorderly or contemptuous behavior in its presence or who
disrupts the exercise of any legislator's function, may be removed from the
meeting at the discretion of the Chairperson.
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(1) Any person who does not abide by these rules may be ruled out of order by the
Chairperson.
[4] 3. Nothing in this rule shall diminish the responsibility or the authority of the Chairperson to
maintain order and decorum.
[514. Council Members shall refrain from making comments or asking questions of testifiers
during statements from the public. All deliberation and discussion on an agenda item must take
place after the item has been read into the record and a motion is pending on the floor. A
Council Member may, however, request that a person presenting public testimony on an agenda
item be available for questions during subsequent discussion.
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
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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. This motion can only be made after
each Council Member has the opportunity to speak at least once. [14owever- 'A'''�"]
When this motion is carried by two-thirds (2/3) majority, the introducer of the main
subject under discussion shall be permitted to close the debate, after which the main
question shall be put; provided, however, that the introducer may delegate to
another such right to close.
The motion is voted on separately from the matter to which it is applied and is not
debatable. (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
14
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
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.
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(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
(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.
5. 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.
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.
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(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.
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:
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(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;
(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:
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(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.
(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 members [of] the official NACo
or WIR board member., and NACo steering committee members shall be drawn
from the general accounts.
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(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. These expenditures shall not require
the pproval of the Council Chairperson.
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 which may be awarded as a grant to a nonprofit
organization pursuant to Section 2-139 of the Hawaii County Code.
(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,
which may include awarding of grants to eligible nonprofit organizations. While
the County agency must approve the acceptance of said funds, the Mayor's
approval is not required to transfer Contingency Relief funds to County agencies.
(d) All purchases of equipment by the County must follow the procurement law and
be domiciled in the County Departments. Equipment, supplies and products are
the property of the County.
(e) All purchases of equipment by a nonprofit organization shall be domiciled with
that nonprofit organization, which shall assume any and all liability for such
equipment.
(f) Transfers between the DAE and Contingency Relief accounts are prohibited.
(g) Transfers from a district account to other district accounts are prohibited.
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