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Home My WebLink AboutResolution No. 2015-62COUNTY COUNCIL COUNTY OF KAUA’I ti4 LI luti 011 No. RESOLUTION AMENDING RESOLUTION NO.2015-02,DRAFT 1, RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY OF KAUA’I FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF HAWAI’I: SECTION 1.Resolution No.2015-02,Draft 1,is hereby amended by amending Rule No.5 to read as follows: “RULE NO.5 VOTING,ATTENDANCE,AND ABSENCE (a)Voting Methods.There shall be four methods of ascertaining the decision of the Council or Committees upon any matter: 1st,by a call of the roll of the voting members and a record made of the vote of each voting member.The vote on any bill or resolution shall be by roll call.In addition,upon the request of any voting member,a roll call vote shall be taken; 2nd,by voice vote; 3rd,by rising;and 4th,by unanimous consent. (b)Silent Vote.Unless a member is recused or formally excused or recused pursuant to Rule Nos.5(c)or 5(d),respectively,the member’s silence shall be recorded as an affirmative vote for the motion.Each vote shall be recorded in the minutes and reported to the Presiding Officer,who shall announce the result to the Council or Committee. (c)Voting Required.No member shall refrain from voting unless the member is absent or possesses a direct conflict of interest on the matter being voted on in accordance with Charter Section 20.04B and Rule No.8 of these Rules.The member shall make full disclosure of the member’s conflict of interest,shall not participate in said matter,shall leave the chamber while the matter is being considered,and shall be deemed recused. (d)Attendance.No member may be absent from a meeting of the Council or a Committee,or from the service of the Council or the Committee,unless the member has so advised the Council Chair in the event of a Council Meeting,or the Committee Chair in the event of a Committee Meeting,prior to or during the course of the meeting,and has been deemed excused by the respective Chair. (e)Council Absence.At a Council meeting,if members are evenly divided on any main motion or if there are insufficient votes to carry any main motion because of the absence of a member,the item shall be made the special order of the day for the next regular Council meeting. (f)Committee Absence;At a Committee meeting,if Committee members entitled to vote are evenly divided on any main motion,or if there are insufficient votes to carry any main motion,because of the absence of a voting member,the item shall be referred to the next agenda of the Committee for disposition. (g)Explaining Vote;Changing Vote.Whenever the ayes and noes are called,no one,without the unanimous consent of the members present,shall be permitted to explain their vote;and after the announcement of the result,no one shall be permitted to vote or to change their vote without unanimous consent. SECTION 2.Resolution No.2015-02,Draft 1,is hereby amended by amending Rule No.11 to read as follows: “RULE NO.11 TESTIMONY (a)At a Council or Committee meeting,or at a public hearing,written or oral testimony shall be accepted. (b)Written testimony.Written testimony shall be received for the record on any agenda item.The proponent shall provide fifteen (15)copies of the testimony to the Clerk for distribution to the Council and staff. (c)Oral testimony. (1)Persons wishing to testify are requested to register with the Clerk prior to the Chair calling the meeting to order. (2)Persons testifying are entitled to the floor only when recognized by the Chair. (3)Persons testifying may state their name,whom they represent, and shall state whether they are a registered lobbyist,in compliance with Chapter 97,Hawai’i Revised Statutes. (4)Persons testifying shall testify only on the subject matter under consideration,and shall refrain from direct questioning of the Councilmembers and staff personnel,and shall direct any remarks or questions to the Chair. (5)Persons with written testimony may be given priority at the discretion of the Chair. (6)Oral testimony shall be limited to three (3)minutes per person. The Chair shall have the prerogative to set the order of speakers,speaking for or against any proposition,and may notify the speaker of the expiration of speaking time 30 seconds before such expiration.The Chair may allow an additional three (3)minutes to provide further testimony after all persons have had an opportunity to speak. (7)The Chair shall grant to persons who have not registered time to speak following the registered speakers in same manner as registered speakers. (8)Speakers shall restrict themselves to the issues and avoid personalities. (9)The Chair may restrict or terminate a speaker’s right to the floor for intemperate or abusive behavior or language. (10)The Chair may allow Councilmembers to ask speakers to repeat or rephrase statements made during their testimony,but Councilmembers shall not ask questions that give the speaker a greater opportunity to testify than others.Councilmembers shall not ask speakers about the substance of their testimony,or comment on testimony or speakers during the testimony period.” SECTION 3.Resolution No.2015-02,Draft 1,is hereby amended by amending Rule No.12 to read as follows: “RULE NO.12 PUBLIC HEARINGS (a)Committee Hearings.Public hearings of Council matters initiated by or referred to a Committee shall be chaired by the Chair or Vice Chair of that Committee. (b)Council Hearings.Public hearings initiated by the Council shall be chaired by the Chair or Vice Chair of the Council,or by the respective Chair or Vice Chair of the Committee to which the matter has been referred. (c)Action Following Public Hearings.Upon the conclusion of any public hearing,the matter shall remain within the jurisdiction of the appropriate body for amendments,recommendations,or disposition. (d)Location of Hearings.All public hearings of the Council or Committees shall be held in the Historic County Building or LIhu’e Civic Center or at a location designated by the Council and during normal working hours of the County,unless otherwise provided by law or majority concurrence of the Council or Committee. (e)Conduct of Public Hearings. (1)Public hearings are held to receive testimony from the public. Councilmembers shall reserve their opinions,questions,and arguments for the appropriate Council or Committee meeting[;except that Councilmembers may ask clarifying questions that enable the Council to better understand the point or position of the speaker]. (2)The Council Chair or Committee Chair shall be the Presiding Officer,and shall be responsible for conducting a fair,expeditious,and orderly hearing. (3)The notice and purpose of the hearing shall be clearly stated at the beginning of each hearing.” SECTION 4.Resolution material to be deleted is bracketed.New Resolution material is underscored. SECTION 5.This resolution shall take effect upon its approval. Introduced by: V:\RESOLUTIONS\20 14-2016 TERM\20 15-1031 resolution amending resolution 2015-02 draft 1 MR_PM_mn.doc Ri’Qxrub 1 3&etucb Qtbock x ooer X 1açabrn x aneIjiro x 1uak’t X 3aapoo x ttIIinura X Zffoti1 4 2 1 0 Qtertuficate Qf boptton e ljertbp certutp t1jit 3ieo1utIon jo.2015—62 ua ibopteb b’tljt (ouncul of tije Qtountp of aua’i,‘tate of 3anaI’i,Iilju’e,1aua’i,a1.uaI’I,on October 21,2015. iteb October 22,2015 QtijaIrrnan &rctbing 1ffttr