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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."