Loading...
HomeMy WebLinkAbout2018-2020 Charter Commission Rules of Procedure - with 8-8-19 amendment2018-2020 HAWAII COUNTY CHARTER COMMISSION RULES OF PROCEDURE I. MEETINGS AND QUORUM a. Regular Meetings. Unless otherwise specified, regular meetings will be held on the 2' d Friday of each month at 1:30 p.m. For the period of September 2019 through November 2020, regular meetings will be held at the call of the Chair of the Commission, with notice of each meeting filed in accordance with HRS §92-7. b. Meeting Location. Unless otherwise specified, meetings shall be held alternately in the Hawai`i County Council Chambers, 25 Aupuni Street, Hilo, Hawai`i, and Building A of the West Hawai`i Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i, or such other location as the Commission may designate in advance. Interactive conference technology (videoconferencing) may be utilized subject to availability and applicable laws. c. Special Meetings. Special meetings may be called by the Chairperson or by a majority of the Commission. The date, time, and place of such special meeting shall be announced prior to adjournment of a regular meeting. If the Commission is unable to announce a special meeting prior to the adjournment of a regular meeting, written notice must be filed in accordance with HRS § 92-7. d. Executive Meetings. The Commission may hold a meeting closed to the public for one or more of the purposes set forth in HRS § 92-5, or 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; however, any resultant official action shall be acted upon in an open meeting in accordance with § 13-20(b) of the Hawai`i County Charter. An affirmative vote of two-thirds of the members present is required to enter into executive session provided that the majority vote constitutes a majority of the members to which the board is entitled. The reason for holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting. e. Public Hearings. The Commission is required to conduct six public hearings in the geographical areas of Puna, Ka`u, Kona, Kohala, Hamakua, and Hilo. Pursuant to HRS § 92-7, the Commission shall give public notice to inform the public of the date, time, place, and subject matter of the public hearing. The Commission may hold public hearings other than those that are required upon majority vote of the entire membership, which hearings shall be subject to the same notice requirements of HRS § 92-7. Revised — 7/13/18 (Item I.b. amended) and 8/8/19 (Item I.a. amended) f Committee Meetings. Reserved. g. Quorum. The majority of the members to which the Commission is entitled shall constitute a quorum for the transaction of business. In the absence of quorum, a meeting may not be convened except for the purpose of either recessing the meeting to another date, time, and specific location or publicly adjourning the meeting due to lack of quorum. II. ATTENDANCE a. All Commission members shall attend all meetings unless excused by the Chairperson. If a Commissioner wants to attend a meeting via interactive conference technology (videoconference) pursuant to HRS § 92-3.5, a written request must be submitted to the Chairperson and approval obtained prior to the filing deadline of the agenda for that meeting. The agenda for any meeting to be held using interactive conference technology shall include the location from where members will be participating via interactive conference technology, that Commission member(s) will be physically present at that location, and that members of the public may attend and provide testimony from that location. III. OFFICERS AND THEIR DUTIES a. Officers. The officers of the Commission shall consist of a Chairperson and a Vice - Chairperson. The Chairperson is appointed by the Mayor. The Vice -Chairperson shall be selected by the Commission from among the members of the Commission. b. Duties and Powers of the Chairperson. The Chairperson of the Commission shall be the presiding officer of the Commission and have the right to vote, debate, and make motions as other members. It shall be the duty of the Chairperson to: i. Maintain order and decorum and reasonably administer the receipt of oral and written testimony in accordance with these rules. ii. Set the meeting agenda. The Chairperson shall receive and may approve requests for agenda items in accordance with these rules. iii. Announce the business before the Commission in the order prescribed by these rules and announce the results of any Commission vote. iv. When necessary or required, to sign and certify all official acts of the Commission and all vouchers, purchase orders, etc., for payment of expenditures of the Commission. v. To appoint staff members, committees, and consultants when authorized by the Commission, in accordance with applicable laws. 2 vi. Serve as the chief spokesperson and representative for the Commission before the public and the County government. All official information shall be released through the Chairperson. c. Duties and Powers of the Vice -Chairperson. It shall be the duty of the Vice - Chairperson to: i. Exercise all duties and powers of the Chairperson in the Chairperson's absence or disability to perform the Chairperson's duties. ii. Assist the Chairperson as needed. iii. To perform other such duties as are prescribed by law or assigned by the Commission. IV. NOTICE a. The Commission shall comply with all notice provisions of HRS § 92-7. b. Agenda Items. Commission members and Commission staff may request, in writing to the Chairperson, that an issue be placed on an upcoming agenda. All requests must be made at least 11 calendar days in advance of the meeting date. Unless otherwise requested and appropriate, agenda items submitted under this section shall be placed under the agenda heading "Communications." V. COMMITTEES a. Reserved. VI. VOTING a. Method of Voting. There shall be five (5) methods of voting: i. By voice ii. By raising of hands iii. By rising iv. By unanimous consent v. By roll call b. Voting Procedure. The method of voting 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. If, 3 however, a meeting is conducted via interactive conference technology (videoconference) pursuant to HRS § 92-3.5, voting on non -procedural matters shall be conducted via roll call. c. Abstentions. No member shall refrain from voting unless excused by the Chairperson or is otherwise excused by law. Unless a member is excused from voting, silence shall be recorded as an affirmative vote. d. Rule of the Majority. Procedural matters, requests for information, and internal Commission matters shall require the approval of a majority vote of those present at any meeting. Voting on the initial review of proposed Charter amendments for further consideration shall be considered a procedural matter under this Rule. Matters of substance, including all votes other than the initial vote on any proposed Charter amendment, shall require the approval of at least six (6) members of the Commission. Proposed Charter amendments require a minimum of two approvals before inclusion on the general election ballot. e. Reconsideration. A vote of the Commission may be reconsidered at the same meeting or the next regular meeting of the Commission. Only those commissioner's voting on the prevailing side of a motion may request reconsideration of the subject motion. A request to reconsider the vote on a motion at the next regular meeting of the Commission shall be filed with the Chairperson no later than five working days after the matter to be reconsidered was voted upon, and shall be subject to the notification requirements of HRS 92-7. VII. SUSPENSION OF RULES a. When the Commission proposes to do something that it cannot do without violating one or more of these rules, it can adopt a motion to suspend the rules interfering with the proposed action; provided, however, that neither the proposal nor the suspension shall result in a conflict with any constitutional provision, local, state, or national law or the fundamental principles of parliamentary law. b. A motion to suspend the rules is: i. An incidental motion, and no subsidiary motion can be applied to it. ii. Out of order when another has the floor. iii. Not debatable or amendable. c. Such a motion requires a two-thirds vote of the entire membership, unless otherwise provided, and cannot be reconsidered. 4 VIII. ORDER OF BUSINESS a. The order of business shall be as follows: i. Roll Call ii. Introduction of Guests iii. Statements from the Public iv. Approval of Minutes v. Communications vi. Order of the Day (New Business) vii. Unfinished Business (Old Business) viii. Reports ix. Referrals for Executive Session x. Announcements xi. Adjournment b. Alterations to Order of Business. The order of business may be altered by the Chairperson or by majority vote of the Commission. IX. PUBLIC STATEMENTS AND TESTIMONY a. 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 Commission by 12 noon the previous business day of the meeting. Testimony received after 12 noon shall still be received for the record and will be presented to the Commission members as soon as practicable. b. Oral Testimony. Members of the public who wish to provide oral testimony shall abide by the following: Persons wishing to present oral testimony on any agenda item shall register with the secretary 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. 5 ii. The Chairperson shall call the name of the person wishing to speak. All persons shall speak before a microphone and be informed that their statements will be recorded. iii. Each person may speak for three (3) minutes for each agenda item that they wish to speak on. At the discretion of the Chairperson, any statements not relevant to an agenda item shall not be heard or considered. If testimony concerns the Charter, whenever requested or appropriate, the speaker shall specify the Charter provision referred to so that members may be familiar with its provisions. iv. No person will be allowed to speak more than once at the same meeting on the same agenda item. v. Any person wishing to speak on more than one agenda item shall register separately for each agenda item. vi. All statements are to be made to the Commission in general, and not to any specific member. vii. With the exception of public hearings, Commission members shall refrain from making comments or asking questions of testifiers during statements from the public. viii. Written proposals regarding any amendment or additions to the Charter may be submitted at the time of the hearing, or thereafter. ix. Written statements on issues before the Commission may be deferred until such time as the subject matter referred to in the statement appears on the Commission's agenda. If deferred, the writer shall be informed when the issue will be on the agenda to allow the writer the opportunity to address the Commission and elaborate and/or provide clarity, should the writer so desire. x. All members of the public shall extend proper courtesy and respect to one another and to all Commission members and staff All persons shall be addressed by their surnames and no profanity or abusive remarks will be allowed at any time. Any person who is disrespectful to the Commission, staff or other members of the public through disorderly or contemptuous behavior, or who disrupts the exercise of any Commissioner's duty, may be removed from the meeting at the discretion of the Chairperson. xi. Any person who does not abide by these rules may be ruled out of order by the Chairperson. c. No Diminished Responsibility. Nothing in this rule shall diminish the responsibility or the authority of the Chairperson to maintain order and decorum. 6 X. PROPOSED AMENDMENTS TO THE CHARTER a. Form. All Charter amendment proposals shall be prepared and submitted on a form furnished by the Commission staff, with all applicable portions completed by a Commission member. b. Deadline to Propose Amendments. All proposed amendments must be submitted to the Commission by a date to be determined by the Commission. c. Proposals for a Charter amendment shall require two readings, to be adopted and transmitted to the electorate for final approval. If the proposal does not receive a favorable vote at either of the two readings, the proposal shall be deemed lost. The following procedures shall be followed in the consideration, approval, and adoption of proposals for a Charter amendment: Proposal is submitted for consideration by the Commission. If the proposal is accepted by the Commission for consideration, the proposal shall be referred to Commission staff to properly format the proposal for further consideration. The properly formatted proposal shall be referred to the next regularly scheduled meeting. ii. The Commission shall then consider the proposal and may propose further amendments to that proposal, if it so desires. If the proposal is disapproved at this step, the proposal shall be deemed lost and shall not be considered again except upon a vote to reconsider. This step shall be considered the first reading of the proposal. iii. Upon approval of a proposal by the Commission at first reading, the proposal may be referred to legal counsel for further review. The Commission may also refer the proposal to appropriate agencies, organizations, or persons for their recommendations regarding the proposal. iv. Within 20 business days of receiving the proposal for review, legal counsel, and any agency, organization, or person that received the proposal, shall submit a report to the Commission with any recommendations or comments. The Commission may then accept or reject the recommendations, and in doing so, may amend the proposal. v. Upon consideration of any recommendations or comments by legal counsel, and any agency, organization, or person that received the proposal, the Commission shall then refer the proposal back to the Commission staff to properly format the proposal. Commission staff shall also arrange all proposals in the order to be considered by the Commission and shall file a report with the Commission detailing the arrangement of the proposals, which shall complete the first reading process. 7 vi. Any proposal passed on first reading and so included in the First Reading Report shall be reviewed by the Commission on its merits, paying attention to the manner in which each proposal relates to the Charter as a whole. This shall be considered the second and final reading of a proposal. If a proposal is substantively amended at this step, the proposal shall be held over until the next meeting for further consideration. vii. Any proposal that passes 2nd reading shall be submitted to an ad hoc committee for proposing the form in which the approved Charter amendments shall be submitted to the electorate, including the proposed ballot language. The committee shall not be authorized to propose that the electorate must approve the amendments as a single package. XI. ORDER AND DECORUM a. A Commissioner must be recognized by the Chairperson before speaking. The member shall address the Chairperson when recognized and shall confine discussion to the question under debate and avoid personalities. b. Any Commissioner who arrives late at a hearing or meeting shall refrain from taking the Commission's time with questions and inquiries on matters already discussed. c. If any Commissioner behaves in a disorderly or contemptuous manner during any session of the Commission or its Committees, the Chairperson shall order such member to cease and shall preserve the peace. If the Commissioner persists, the Chairperson shall order the offending Commissioner removed from the meeting, and that Commissioner shall not be permitted to be seated during the remainder of the session, except upon approval of the Chairperson or by majority vote of the Commission. d. All Commissioners shall extend proper courtesy and respect to one another and to all persons speaking before the Commission. No profanity or abusive remarks shall be allowed at any time in any meeting. e. All persons shall be addressed by their surnames. f. No Commissioner may speak longer than five (5) minutes, nor may she/he speak more than twice on the same question without leave of the Chairperson, subject to appeal to entire Commission, unless the Commissioner is the maker of the motion or sponsor of the matter pending, in which case the Commissioner may speak in reply, but only after every other member of the Commission choosing to speak has spoken. 8 XII. PARLIAMENTARY AUTHORITY a. Robert's Rules of Order. When these rules are silent, the rules of parliamentary procedure contained in Robert's Rules of Order Newly Revised, 11th Edition, shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with any Constitutional provision, any law, the Hawai`i County Charter, or these rules. XIII. EXPENSES a. Authorization. No member of the Commission shall incur any expense in which the member intends to seek reimbursement from the Commission except with the consent of the Chairperson. XIV. PUBLIC ACCESS a. Documents and Information. Any person may obtain information, or submit requests for records by contacting the secretary to the Commission, subject to applicable laws. Copies of all official minutes, documents, agendas, procedures, statements, or decisions shall be available from the secretary at such costs as may be authorized by law. XV. MINUTES a. Generally. The Commission shall keep written minutes of all meetings. Neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed and the views of the participants. The minutes shall include, but need not be limited to: i. The date, time, and place of the meeting. ii. The members of the Commission recorded as either present or absent. iii. The substance of all matters proposed, discussed, or decided; and a record, by individual member, of any votes taken. iv. Any other information that any member of the Commission requests be included or reflected in the minutes. b. Availability. The minutes shall be public record and shall be available within forty (40) days after the meeting except where such disclosure would be inconsistent with Section 92-5, Hawai`i Revised Statutes, or Section 13-20 of the Charter. Minutes of executive meetings may be withheld only as long as their publication would defeat the lawful purpose of the executive meeting. 9 XVI. ATTORNEY, SECRETARY, COMMISSION ANALYST a. Attorney. The attorney for the Commission shall be appointed by the Chairperson, subject to confirmation by majority vote of the entire membership of the Commission. All requests for legal opinions shall be made through the Chairperson after discussion of the matter at a properly noticed meeting. All legal opinions will be distributed to the entire Commission and are subject to the attorney-client privilege. The duties of the attorney are as follows: i. Attend all meetings of the Commission and its Committees. ii. Ensure compliance with all applicable open meeting laws, rules, and procedural requirements. iii. Provide legal research and opinions to the Commission. iv. Other duties as required. b. Secretary. The secretary to the Commission shall be appointed by the Chairperson, subject to confirmation by majority vote of the entire membership of the Commission. All assignments for the secretary shall be made through the Chairperson. The duties of the secretary are as follows: i. Attend all meetings of the Commission and its Committees. ii. Take and transcribe all notes and minutes of the Commission and Committee meetings. iv. v. vi. Prepare and post the meeting agenda. Secure and prepare the meeting location. Receive and distribute public testimony. Set-up and break -down video -conferencing equipment when required. vii. Ensure timely publication of notices of public hearings, ballot language, ballot summaries, and other matters required by law. viii. Other duties as assigned. c. Commission Analyst. The Commission analyst shall be appointed by the Chairperson, subject to confirmation by majority vote of the entire membership of the Commission. All assignments for the commission analyst shall be made through the Chairperson. The duties of the Commission analyst are as follows: 10 i. Attend all meetings of the Commission and its Committees. ii. Provide parliamentary guidance to the Commission. iii. Provide general guidance to the Commission, as requested, including matters related to scheduling, logistics, interaction with County agencies, community outreach, budgetary considerations, and staffing. iv. Prepare and ensure timely submission of required reports and other forms of correspondence that may be requested by the Commission or the Chairperson on behalf of the Commission. v. Provide drafting services for proposals, ballot language, and summaries, provided that the initial language or detailed draft concepts are initiated by a member of the commission, unless the Chairperson requests otherwise. vi. Other duties as assigned. d. The secretary and commission analyst may be collectively referred to within these rules as Commission staff. XVII. AMENDMENTS AND REVISIONS TO THE RULES OF PROCEDURE a. Amendments. These rules may be amended at a regular meeting of the Commission by an affirmative majority vote of the entire membership of the Commission, provided that at least six (6) days advance notice of such amendment(s) and meeting are first given to each member. b. Revisions. Whenever changes to the rules are so extensive and general that they are scattered throughout the rules such that an entirely new set of rules, called a revision, is necessary, then such revision shall require the adoption by a two- thirds affirmative vote of the entire membership of the Commission. The notice requirement shall be the same as those for amendments. XVIII. SEVERABILITY a. In the event any rule contained herein is in conflict with the provisions of the U.S. Constitution, State Constitution, Hawai`i Revised Statutes, Hawai`i County Charter, or the Hawai`i County Code, such rule shall be deemed invalid. Such invalidity shall not affect other rules contained herein that can otherwise be given effect without the invalid rule, and to this end these rules are severable. 11 These Rules of Procedure of the Hawaii County Charter Commission were adopted by the 2018-2020 Charter Commission on July 13, 2018.. ass Shipman Ads, hair J ` o hir foto, Attorney to the Commission 12