HomeMy WebLinkAboutComm No 0028 - Transmit CA-12Douglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
Date: January 14, 2019
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i County Charter Commission
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John Imiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
RE: Transmitting CA -12; Proposed Amendment to Section 3-7; Add Disciplinary
Measures for Council Members ; Submitted by Commissioner Leithead Todd
Please find attached CA -12, which proposes an amendment to Section 3-7 by adding
disciplinary measures for council members who behave in a disorderly or contemptuous
manner at council meetings, or, when a council member fails to attend three or more
regular meetings of the council without being excused by the council chair.
CA -12 will be placed on the next regularly scheduled meeting agenda for its initial
consideration and approval prior to first reading.
Should you have any questions, please contact our Commission Analyst, Jon Henricks.
DSA/jdh
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 28
PROPOSAL NO.
CA -12
(For Commission Use Only)
2018-2020 HAWAI`I COUNTY CHARTER COMMISSION
CHARTER AMENDMENT PROPOSAL FORM
1. GENERAL INFORMATION
Name of Commission Member: Bobby Jean Leithead Todd
2. If applicable, list the Section number(s) of the charter provision(s) to be deleted or amended:
Section 3-7; Meetings; Rules and Journal; Voting and Quorum.
3. Provide a brief description of the purpose of the proposed charter amendment; include
a description of the issue the proposal would address:
To provide the County Council with a mechanism to address Council Members
who either behave in a disorderly or contemptuous manner that disrupts and prevents the
Council from performing its duties or who displays habitual absenteeism without being
excused by the Council Chair.
4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction,
name the jurisdiction and, if possible, attach a copy of the relevant provision(s).
City and County of Honolulu Charter — Section 3-107 — allows for suspension of a
member for disorderly and contemptuous behavior in its presence
County of Kauai Charter — Section 3.07 — allows for suspension of a member for
disorderly and contemptuous behavior in its presence
5. If the proposal is based on any written materials you have, please attach a copy with a
citation to its source.
See reverse side
Form CA -1
Revised 8/29/18
1 of 2
6. Attach the text of the proposed charter amendment in Ramseyer format (see below).
Ramseyer Format, if proposing:
Amendments to Existing Charter Provisions
Any language being proposed to be added to the Charter shall be underscored.
Any language being proposed to be deleted from the Charter shall be [bracketed and
stricken] .
Replacing Existing Charter Provisions in their Entirety
Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed
to be deleted, and provide the text of any provisions proposed to replace the deleted
material.
New Charter Provisions
Provide the text of the new provision(s) and, if possible, indicate where in the Charter the
new material should be inserted.
Form CA -1
Revised 8/29/18
2 of 2
Full Text — proposal — Amend Section 3-7 to provide disciplinary measures for disorderly or
contemptuous behavior during meetings and unexcused absences from Council meetings:
"Section 3-7. Meetings; Rules and Journal; Voting and Quorum.
The county council shall meet regularly at least twice in every month at such times
and places as shall be established by rule of the council, and meet at least quarterly in
the judicial district of North Kona or South Kona.
Q The council shall determine its rules and order of business and shall provide for
keeping a journal of its proceedings, which shall be a public record, in which the ayes
and noes shall be entered as required by this charter or at any other time upon the
demand of any member.
The affirmative vote of a majority of the entire membership shall be necessary for
council action. A majority of the entire membership of the council shall constitute a
quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members. Whenever the term "entire membership" appears in
this charter pertaining to council voting, it means the entire membership of nine
members, even if there are vacancies.
Upon an affirmative vote of two thirds of its entire membership, the council may
suspend without pay for not more than one month any member who:
Behaves in a disorderly or contemptuous manner in its presence; or
gj Fails to attend three or more regularly scheduled council meetings without being
excused from attendance by the council chair for each unattended meeting."