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Home My WebLink AboutRES 146 Draft 01 2014-2016COUNTY OF HAWAII STATE OF HAWAII .� ..• Ott. RESOLUTION NO. 146 15 A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 10, VOTING. 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 ("the 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 amending Rule No. 10, Voting, as indicated in Ramseyer format in the attached Exhibit A; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Rule No. 10 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 Kona , Hawai`i, this 15th day of April , 2015. INTRODUCED BY: -4 CO IL M B , COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawai i 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 April 15, 2015 ATTEST: gr--" COUNTY CLERK hN� CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE Reference: RESOLUTION NO. C-240/Council 146 15 AYES NOES ABS EX CHUNG X DAVID X EOFF X ILAGAN X KANUHA X ONISHI X PALEKA X POINDEXTER X WILLE X 9 0 0 0 Reference: RESOLUTION NO. C-240/Council 146 15 EXHIBIT A RULE NO. 10 VOTING There shall be four (4) methods of voting: (a) By voice (b) By raising of hands (c) By unanimous consent (d) By roll call 2. [ , resolution or- nenpfeeedur-al metion at Gettileil Meetings shall by roll called by the Count), Glefk. When ealled, eaeh fnember shall answer- in a ele - . - «< of " if vefing in the affiffnative, of «< of " if veting in the negative. 3.106 pfoeedufal motions m . be by vaiee vote.] The method of voting at Council Meetings shall be determined by the Chairperson, provided that if a vote is not unanimous, the Chairperson shall announce the names of those members voting in the minority and those who are absent. [In -a44 eases, the] The Chairperson shall state the question prior to calling for the vote. The County Clerk shall record each vote in the minutes and report the result to the Chairperson who shall announce whether the motion passed or failed. Upon the request of any member of the Council, or at the discretion of the Chairperson, the Chairperson shall use a roll call vote. 3. The method of voting in Committees shall be determined by the Committee Chairperson, provided that if a vote is not unanimous, the Chairperson shall announce the names of those members voting in the minority and those who are absent. The Chairperson shall state the question prior to calling for the vote. The County Clerk shall record each vote in the minutes and report the result to the Chairperson who shall announce whether the motion passed or failed. Upon the request of any member of the Committee, or at the discretion of the Chairperson, the Chairperson shall use a roll call vote. 4. [if a Cotmeil or- Committee meeting is being eondueted via videeeenfefeneing pufsuant to tie 1, 11 1 1 y ,.,,>> eallea by the Gottaefk of the Gle f 's designee.] When a voice or roll call vote is called each member shall answer in a clear voice " `ae" or "aye" if votingin in the affirmative, or " `a`ole" or "no" if voting in the negative. 5. Any Council Member who has reservations, pro or con, on any motion may vote in a clear voice "kanalua." After all the members have voted, [the G^m mit4ee Chas -pe fsen ^r- Glee as ease may be,will again ask] any [members ] member who voted "kanalua" will be asked again to give a voice vote. The members shall then vote " `ae" or "aye" or " `a`ole" or no 6. No member shall refrain from voting unless excused by the Chairperson for a stated conflict of interest or is otherwise excused as provided herein. Unless a member is excused from voting, silence shall be recorded as an affirmative vote. 7. Whenever the Chairperson calls for the vote, a Council Member shall not be permitted to explain a vote. After the announcement of the result, a Council Member shall not be permitted to change a vote. 8. In the event of a tie vote, the following procedures apply: (a) In the case of a tie vote on the final vote on the main motion considered by a Committee, the matter shall be forwarded to the Council with a negative recommendation. For any other motions, such as motions to amend, the motion shall fail. (b) In the case of a tie vote on any motion considered by the Council, the motion fails. 9. Official Action. No official action shall be taken except at a meeting open to the public in accordance with Section 13-20(b), Hawaii County Charter. Business conducted by the Council during a meeting, which does not conform to the provisions of Section 13-20, shall be null and void in accordance with Section 13-20(d), Hawaii County Charter. Except as otherwise provided by law or these rules, "Official Action" means a collective decision or an actual vote by a majority of the members of the Council, when sitting as a body or an entity, upon any matter before the Council. (Section 13-20, Hawaii County Charter) 10. Unless otherwise provided, the vote of a majority of the entire membership of the Council or Committees shall be necessary for a motion to pass. 2 11. An affirmative vote of at least two-thirds of the entire membership of the Council shall be required to: (a) Apply the proceeds from the issuance of County bonds for purposes other than those for which such bonds were initially issued (Section 47-5, Hawaii Revised Statutes); (b) Override the mayor's veto (Section 3-12, Hawaii County Charter); (c) Authorize the employment of special counsel (Section 6-5.5, Hawaii County Charter); (d) Make an emergency appropriation by ordinance (Sections 3-11 and 10-8, Hawaii County Charter); (e) Amend the capital budget (Section 10-6(d), Hawai`i County Charter); (f) Cut off debate by a motion to the previous question; (g) Revise or suspend these rules; or (h) Initiate amendments or revisions to the Hawaii County Charter. 12. The Council 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. (Section 92-4, Hawaii Revised Statutes) 13. Upon a one-third vote of the entire membership, the Council shall be required to: (a) Hold full readings and public hearings on bills or resolutions (Section 3-9, 3-10(a), Hawaii County Charter), or (b) Lay over an amended bill for at least one week before final reading (Section 3- 10(d), Hawaii County Charter). 14. Bills and resolutions covering similar subject matters and requiring three readings for approval may be considered and voted upon as a group on first reading with the unanimous consent of the entire membership. 15. Members of boards and commissions duly appointed by the Mayor, as prescribed in Section 13-4(b), Hawai`i County Charter, shall be voted on individually and not as a group or as a slate of members or nominees. 3