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HomeMy WebLinkAboutRES 209 Draft 01 1976-1980 County of Hawaii—State of Hawaii Resolution No. 209 REPEALING RESOLUTIONS NUMBERED 4, 5 , 6, 7 AND 8 , ALL ADOPTED ON DECEMBER 6, 1976 , APPOINTING MEMBERS AND DESIGNATING CHAIRMEN AND VICE CHAIRMEN OF THE FORMER FIVE STANDING COMMITTEES , AND APPOINTING MEMBERS AND DESIGNATING CHAIRMEN AND VICE CHAIRMEN OF THREE STANDING COMMITTEES . BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Resolutions numbered 4, 5 , 6, °7 '_and 8, all adopted on December 6, 1976, appointing members and designating the Chairman and Vice Chairman, respectively, of the Committee on Agriculture and Tourism; the Committee on Finance; the Committee on Planning; the Committee on Public Services ; and the Committee on Public Works , are hereby repealed. BE IT FURTHER RESOLVED that pursuant to the provisions of Section 2 of Rule 5 (Committees ) and Rule 6 (Standing Committees ) of the Rules of Procedure of the Council of the County of Hawaii , as amended, the following members are hereby appointed, and the following Chairmen and Vice Chairmen designated to the following Standing Committees : A. Committee on Finance 1. Harvey S. Tajiri , Chairman 2. Merle K. Lai, Vice Chairman 3. Takashi Domingo 4. Tomio Fujii 5. Joseph R. Garcia, Jr. B. mittee on Planning 1. Takashi Domingo, Chairman 2. Tomio Fujii , Vice Chairman 3. William S. Kawahara 4. Joseph R. Garcia, Jr. 5. Merle K. Lai C. Committee on Public Works 1. Tomio Fujii , Chairman 2. Merle K. Lai , Vice Chairman 3. James L. K. Dahlberg 4. Takashi Domingo 5. Muneo Sameshima Dated at Hilo, Hawaii , this 22nd day of December, 1977. INTRODUCED BY: Councilman, County of Ha ROLL CALL VOTE COUNTY COUNCIL AYES NOES A/E County of Hawaii Dahlberg x Hilo, Hawaii Domingo X Fujii X I hereby certify that the foregoing RESOLUTION was by the vote indicated to Garcia _ x the right hereof adopted by the COUNCIL of the County of Hawaii on. Kawahara X December 22 , 1977 _ Lai x Sameshima x ATTEST: T a j i ri x chr.Yamashiro x 6 3 `'' 4-7/2( Reference: Cohen Yamashiro R.B. LEGASPI I� COUNTY CLERK CHAIRMAN & "ESIDING OFFICER M B. No. RESOLUTION NO. 209 HPL County of Hawaii--State of Hawaii Resolution N :. ADOPTING NEW RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII . BE IT RESOLVED by the Council of the County of Hawaii that the attached RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII is hereby adopted to govern the affairs of the Council. Dated at Hilo, Hawaii, this 6th day of December, 1976. INTRODUCED BY: i Co cilman, Count- • Hawaii RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII Rule 1 MEETINGS 1. The County Council shall hold regular meetings for the transaction of public business in the Councilroom beginning at 10 : 00 A.M. on the first and third Wednesday of each month or on the following day if such Wednesday be a public holiday, provided, that regular meeting date and place may be changed to another day and place by motion duly adopted at a regular or special meeting at least one week prior to the rescheduled meeting date. 2. Special meetings may be called at any time by the chair- man of the Council or a majority of the Council in accordance with the provision of Section 13-20 of the Charter. Rule 2 ADJOURNMENTS 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. Rule 3 QUORUM 1. A majority of the entire membership of the Council shall constitute a quorum and the majority vote of the entire membership shall be necessary to take any action. 2. A majority of less than a quorum may adjourn from day to day and shall have power to comple the attendance of absent members. Rule 4 OFFICERS AND THEIR DUTIES 1. Presiding Officer The Chairman of the Council shall be the presiding officer of the Council. In the absence of the Chair- man, the 'Vice-Chairman shall preside. In the absence of the Vice- Chairman, the Chairman of the Committee on Finance shall preside and shall have the right to vote as other members; however, that when and so long as the Chairman is temporarily unable to perform his duties, the Vice-Chairman shall have all the powers and be subject to all the duties of such Chairman. It shall be the duty of the Chairman: (a) To open the meeting of the Council at the appointed hour by taking the chair and calling the meeting to order. (b) To maintain order and proper decorum at all times. The Chairman shall not engage in debate or dis- cussion of any issue by the Council. He may do so by first relinquishing the chair to the Vice- Chairman. (c) To announce the business before the Council in order prescribed by the rules. (d) To receive and submit before the Council all matters that are properly introduced by the members and to dispose of said matters in the manner prescribed by the Rules of Order. (e) To authenticate by his signature all acts of and doings by the Council when necessary including travel authorizations. (f) To make known Rules of Order when so requested, and to decide all questions of order subject to an appeal to the Council. -2- (g) To receive all communications from the Mayor, various departments of the government and the public and present them to the Council. (h) In case of disturbance or disorderly conduct, the Chairman may have the room cleared of all persons except the members of the Council and officers of the County of Hawaii. (i) He shall vote in case of a tie , or when the "Aye" and "No" vote is demanded. 2 . County Clerk. It shall be the duty of the County Clerk, in addition to those duties prescribed by law: (a) To have charge of all the records of the Council and to be responsible for same. (b) To read bills, resolutions , and other matters to the Council, if so required. (c) To forward at once to the proper parties all com- munications and other matters, either directly or through a committee , as the case may be. (d) To forward to the appropriate committee all peti- tions, resolutions, bills or other matters, as may be duly referred to such committee. (e) To serve in all matters as clerk of the Council and to perform all clerical duties and offices pertaining to such position as the Council shall from time to time direct, as well as other duties as shall by law or these rules , or rules hereafter adopted, be assigned, or such as properly pertain to such position. 3. Committee Chairman. The chairman of each committee shall call meetings, preside at all meetings and prepare the agenda for each meeting. The Vice-Chairman shall perform the duties of the Chairman in his absence. -3- Rule 5 COMMITTEES 1. There shall be three kinds of committees , namely: (a) Standing Committees (b) Ad Hoc Committees (c) Committees of the Whole 2. The members of the Council shall appoint all Standing Committees and designate the committee chairman and vice-chairman of each committee. 3. The Chairman of the Council shall appoint all Ad Hoc Committees and designate the committee chairman and vice-chairman of each committee. 4. The Chairman of the Council shall be an ex-officio member of all committees without voting privilege, except to break a tie. Rule 6 STANDING COMMITTEES 1. There shall be five (5) Standing Committees , consisting of at least five (5) members each, and these Standing Committees shall be: (a) Committee on Agriculture and Tourism (b) Committee on Finance (c) Committee on Planning (d) Committee on Public Services (e) Committee on Public Works 2 . The scope of functions of Standing Committees shall include but not limited to the following: (a) Committee on Agriculture and Tourism: Matters related to sugar, diversified agriculture, forestry, fish and game, water development, tourist development, historic sites, liquor control. -4- (b) Committee on Finance: Matters related to auditing, budget, appropriations, general obligation and revenue bonds, taxes, licenses , fees and personnel transactions. (c) Committee on Planning: Matters related to improvement districts , general plan, subdivision control, zoning, legislation, water, coastal zone management, economic develop- ment, energy research, transportation, market development and sign regulation. (d) Committee on Public Services : Matters related to police and fire protection, human services (O.E.O. Office of the Aging Welfare) animal control, liquor control, traffic control, youth and elderly affairs, recreational programs , and civil defense. (e) Committee on Public Works : Matters related to capital improvement projects , management of public facilities, solid waste disposal, water, sewage, mass transit, improvement districts , cemeteries, highways, flood and drainage, public utilities, and energy research. Rule 7 AD HOC COMMITTEES Ad hoc committees may be appointed from time to time as the need arises, and shall consist of no less than three members. All members shall be appointed by the Chairman of the Council. Rule 8 COMMITTEES OF THE WHOLE The Council may as the need arises resolve itself into a Committee of the Whole by the adoption of a motion to that effect. -5- The Chairman of the Council shall remain as Chairman of the Com- mittee of the Whole unless otherwise specified by a majority of the members of the Council. The rules of Procedure which govern the Council shall be observed in any Committee of the Whole except that any member may speak more than once on the same subject, but not until every member choosing to speak shall have spoken. Motion for the pre- vious question shall be in order only after every member choosing to speak shall have spoken. The County Clerk shall be the clerk of the Committee of the Whole and he shall make a complete record of the proceedings thereof in a record book which shall be kept as one of the records of the Council. Bills in Committee of the Whole When a bill, resolution or other matters shall have been referred to a Committee of the Whole the same may be read by only the title by the County Clerk. The body of the bill or resolution shall not be defaced or interlined; but all amendments, noting the page and lines, shall be duly entered by the County Clerk as the same shall be agreed to by such Committee. Reading of the whole bill or resolution may be required by a majority vote of the entire membership. Rule 9 COMMITTEE REPORTS 1. Standing Committees shall report from time to time upon all matters referred to them. 2. Ad Hoc Committees shall report within thirty (30) days upon all matters referred to them, unless further time is allowed by vote of the Council. 3. Any Committee of the Whole shall, on motion duly adopted, rise and report its findings and recommendations, or, if the matter -6- under consideration is not concluded, ask leave to sit again at some future date. 4. Whenever any matter is referred to a Committee it shall be the duty of such Committee to make diligent inquiry into all of the facts and circumstances that may be connected to such matter. The corporation counsel may be consulted, witnesses may be summoned and examined, documents and records searched and everything done to bring all facts pertaining to such matter be- fore the Council. 5. The report of a Committee on any matter shall state findings of facts and conclusions based thereon, together with a clear recommendation as to disposal of such matter. 6. The report on a bill or resolution by a Committee shall state clearly all amendments proposed. Should a substitute bill or resolution be reported in place of the original referred to such Committee, the same must agree with the subject of the original submitted and returned to the Council. 7. Whenever a Committee fails to agree unanimously, the majority shall report and the same shall be the report of the Committee. The minority of the Committee may file a separate report or may note on the report of the majority of the Committee the words "I (we) do not concur. " Rule 10 VOTING 1. There shall be six (6) methods of voting. (a) By viva voce vote (b) By raising of hands (c) By roll call (d) By ballot (e) By rising (f) By unanimous consent -7- 2. Except on procedural motions, all voting shall be by roll call vote. 3. On procedural motions, the Chairman, after stating the question call for an "aye" and "no" viva voce vote and thereupon announce the result. 4. If any member shall doubt the result as announced, the Chairman shall again state the question and call for a vote by raising of hands. The County Clerk shall count the raised hands and the Chairman shall announce the result. 5. Voting on every bill, resolution, or non-procedural motion shall be by roll called by the County Clerk. Each member, when called, shall answer in a clear voice "aye, " if voting in the affirmative, or "no, " if voting in the negative. The County Clerk shall record each vote in the minutes and report to the Chairman, who shall announce the result to the Council. 6. No member shall refrain from voting unless excused by the Presiding Officer. Unless excused from voting his silence shall be recorded as an affirmative vote. 7. Any member who knows that he has a personal interest, direct or indirect, in any action proposed or pending before the Council shall disclose such interest prior to the taking of any vote thereon. 8. Whenever the ayes and noes are called, no one shall be permitted to explain his vote. After the announcement of the result, no one shall be permitted to change his vote. Rule 11 PETITIONS AND MEMORIALS 1. Any person may petition the Council. Petitions and other memorials shall be in writing, signed by the petitioners. 2 . All petitions, memorials and other papers addressed to the Council shall be presented by the Chairman or by a member in his -8- stead, and shall be endorsed by the person presenting it, and the subject matter of the same. 3. A brief statement of the contents of any petitions , memo- rials or other paper shall be made verbally by the one presenting the same. 4 . All petitions, memorials and other papers addressed to the Council or the Chairman and the Council which are received less than seventy-two (72) hours before the regular meeting date of the Council shall not be considered at such meeting provided that no item shall be added to the agenda in the manner provided herein if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Rule 12 RESOLUTIONS, MOTIONS AND AMENDMENTS 1. All resolutions shall be in writing upon legal size paper dated and signed by the introducer. 2. Motions and amendments may be made verbally but shall be reduced to writing if requested by the Chairman and shall be read from the desk if so desired. 3. No motion shall be received and considered by the Council unless the same has been recorded. 4. Whenever any question shall be under discussion the only motions relative thereto shall be : (a) To lay on the table (b) To postpone to a certain time (c) To postpone indefinitely (d) To commit (e) To amend The foregoing motions shall have precedence in the order named. The first two motions shall be decided without debate and the question put as soon as made. -9- 5. When any of said motion shall be decided in the negative, the same shall not be revived at the same meeting relative to the main question under discussion. If all are negative as aforesaid, the only remaining question shall be as to the passage or adoption of the bill, resolution, or other main question. Rule 13 LIMIT OF DEBATE No member shall speak longer than five (5) minutes, and shall be permitted to speak more than twice on the same question without leave of the Council unless he be the mover of the matter pending, in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken. Rule 14 INDEFINITE POSTPONEMENT 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 question unless by consent of the majority of the Council. Rule 15 PREVIOUS QUESTION The object of the motion for the previous question is to shut off debate. Whenever the motion is carried, 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. -10- Rule 16 RECONSIDERATION 1. When a motion has been once made and carried in the affirmative or negative, it shall not be in order for any member who voted in the minority to move for reconsideration thereof; but any member who voted with the majority may move to reconsider it, at the same meeting, or at the next regular adjourned meeting, and such motion shall take precedence over all other questions except a motion to adjourn. An issue shall not be reconsidered more than once unless by consent of the majority of the Council. 2. A motion to reconsider made at the time a bill fails to pass final reading shall not be voted upon until after twenty-four hours have elapsed. Rule 17 MOTION TO ADJOURN A motion to adjourn is always in order and shall be decided without debate. One motion to adjourn shall not follow another without intervening business. Rule 18 ACTION ON ORDINANCE When a proposed ordinance shall be taken up by the Council, it shall be passed after two (2) readings on separate days. Reading of the bill may be by title only. The body of the bill shall not be defaced or interlined, but all amendments, noting the page and line, shall be duly entered by the County Clerk, on a separate paper as the same shall be agreed to by the Council. Reading of the bill and public hearing thereon may be required by a one-third vote of the entire membership. -11- Rule 19 ORDER OF BUSINESS The following shall be the order of business : 1. Roll Call 2. Approval of Minutes 3. Statements from any member of the public who may be in the Councilroom and desire to speak shall abide by the following: (a) All those desiring to speak will register with the County Clerk prior to the convening of the meeting giving their name, address, the organization they represent, if any, and the subject they wish to speak on. (b) Those speaking are requested to direct their remarks to the Council, not to any individual Councilman or individuals in the audience. No personal remarks will be allowed during the course of testimony. (c) Each person will be allowed approximately 5 minutes to speak or by requesting the Chairman for more time before the meeting convenes. (d) No person will be allowed to speak twice on the same subject. (e) If possible 10 written copies of the testimony should be prepared for presentation to the Council prior to convening of the meeting. (f) Any person who does not abide by these rules shall be ruled out of order. 4 . Petitions, Memorials and Communications 5. Reports of Standing Committees 6. Reports of Ad Hoc Committees 7. Resolutions and Ordinances 8. Unfinished Business -12- 9. Order of the Day, including second reading of resolutions and ordinances 10. New Business Rule 20 ATTENDANCE No member shall absent himself from the meetings of the Council unless he has leave granted by the Chairman, Vice-Chairman or temporary presiding officer, or is sick and unable to attend. Rule 21 AMENDMENTS AND NEW RULES No rule of the Council shall be neither altered nor rescinded, nor any new standing rule be adopted without one day' s notice of the motion thereof if first given to each member, nor without the affirma- tive vote of a majority of the members of the Council. Rule 22 SUSPENSION OF RULES No rule of the Council shall be suspended unless by a majority of the members of the Council. Rule 23 ORDER, DECORUM 1. If any member shall conduct himself in a disorderly manner during any session of the Council or Committee, the Presiding Officer shall order such member to keep his seat and preserve the peace; and if he shall then persist, the Presiding Officer shall order the County Clerk or his designate to remove him from the meeting and he shall not be permitted to take his seat during the remainder of the session except upon approval of the Presiding Officer. -13- 2. When any member is about to speak, he shall address himself to the Presiding Officer and when recognized, confine himself to the question under debate and avoid personalities. 3 . Any person not a member of the Council, who shall be guilty of disrespect of the Council or that of any Committee by any dis- orderly or contemptuous behavior in its presence, or who disrupts the exercise of any legislators' function, may be removed from the meeting at the discretion of the Presiding Officer. 4. It shall be the duty of the County Clerk or his designate to maintain order amongst those present as spectators, to attend upon Committees, if so required, and to remove any person found in violation of Rule 23, Item 3 above when duly requested by the Presiding Officer. Rule 24 ADMINISTRATIVE POLICIES AND PROCEDURES 1. The County Clerk shall be responsible for the administra- tion of the department. All division heads, except the Legislative Auditor, shall report to the County Clerk. 2. All official requests of the staff by any member of the Council shall be routed through the County Clerk. 3 . The Legislative Auditor shall at the direction of the Council, conduct post audit of all transactions and of all books and accounts kept by or for all departments, offices, and agencies of the County. He shall be responsible for all projects assigned to him by the Council and held accountable to the Council. 4. Courtesy copies of all official reports and replies from the staff shall be provided to the Council Chairman routed through the County Clerk. All requests of the administration by the Council shall be routed to the Office of the Mayor with courtesy copies going to the Chairman of the Council. -14- Requests for all out-of-state or inter-island travel by members of the Council or staff must be approved by the Chairman of the Council prior to such travel. All committee meetings or public hearings other than those scheduled in the Hawaii County Councilroom must have prior approval of the Chairman of the Council. 5. Mileage (car) allowances will be reimbursable to each member of the Council using his private automobile for travelling to and from his residence for only Council or Committee meetings. Any other mileage reimbursements must have prior approval of the Chairman of the Council. 6. Appropriate per diem payments shall be made to members of the Council and staff for intra-island, inter-island and out-of-state trips that have been approved by the Chairman of the Council. 7. All other reimbursable expenses such as u-drive rentals, entertainment of guests must have prior approval of the Chairman of the Council before they can be incurred. Contracts and or receipts must accompany demand for reimbursement. Reimbursement for un- expected expenses not having prior approval shall be considered on a case by case basis by the Chairman of the Council. Rule 25 NEWS REPORTERS News reporters wishing to take notes of the business of the Council or Committees may be assigned such places by the Presiding Officer as will affect their object without interfering with the convenience of the meeting. -15- Rule 26 WHEN RULES ARE SILENT The rules of parliamentary practice as laid down by Robert' s Rules of Order, Revised, where not inconsistent with these rules, shall govern the Council. -16-