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HomeMy WebLinkAboutResolution No. 2017-16, Draft 1COUNTY COUNCIL COUNTY OF KAUA’I 3Ek £O1UtiO fl No.2017-16,Draft 1 RESOLUTION ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF KAUA’I FOR INVESTIGATIONS CONDUCTED PURSUANT TO SECTION 3.17 OF THE CHARTER OF THE COUNTY OF KAUA’I AND REPEALING RESOLUTION NO.2005-25,DRAFT 1 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF HAWAI’I: SECTION 1.The attached Rules of the Council of the County of Kaua’i for Investigations Conducted Pursuant to Section 3.17 of the Charter of the County of Kaua’i are hereby adopted.Resolution No.2005-25,Draft 1,is hereby repealed. SECTION 2.The purpose of these rules is to establish procedures that provide for the creation and operation of an Investigating Committee in a manner that will enable the Committee to properly perform its powers and duties,including conducting hearings in a fair and impartial manner,consistent with protection of the constitutional rights of persons called to testifr and preservation of the public good. SECTION 3.All meetings,hearings,and deliberations of the Investigating Committee shall be governed by the attached rules,except as otherwise provided by law. SECTION 4.The approved rules shall be subject to amendment as provided for therein. RULES OF THE COUNCIL OF THE COUNTY OF KAUA’I FOR INVESTIGATIONS CONDUCTED PURSUANT TO SECTION 3.17 OF THE CHARTER OF THE COUNTY OF KAUA’I TABLE OF CONTENTS Page Number Definitions 4 Establishment of Investigating Committees 4 Finances and Staff 4 Membership,Quorum,and Voting 5 Subpoenas 5-6 Hearings 6 Government Officers and Employees to Cooperate 6 Witness Testimony and Public Testimony 6-7 Criminal Sanctions 7-8 Severability 8 Limitation 8 New Rules and Amendments 8 Suspension of the Rules 8 When Rules are Silent 8 Rule No.1 Rule No.2 Rule No.3 Rule No.4 Rule No.5 Rule No.6 Rule No.7 Rule No.8 Rule No.9 Rule No.10 Rule No.11 Rule No.12 Rule No.13 Rule No.14 3 RULE NO.1 DEFINITIONS As used in these rules: “Agency”means any office,department,board,commission,or other governmental unit of the County. “Hearing”means any meeting in the course of an investigatory proceeding conducted by the Investigating Committee for the purpose of taking testimony or receiving other evidence.A hearing,or portion thereof,may be open to the public or closed to the public in conformance with Hawai’i Revised Statutes Sections 92-4 and 92-5. “Investigating Committee”means the entire Council or any authorized committee thereof,which has the power to conduct investigations of the operation of any agency or function of the County and any subject upon which the Council may legislate. RULE NO.2 ESTABLISHMENT OF INVESTIGATING COMMITTEES (a)The Council shall initiate an investigation and Investigating Committee by resolution,which shall state the subject matter and scope of the investigation. (b)An Investigating Committee shall exercise its powers pursuant to Kaua’i County Charter Section 3.17. RULE NO.3 FINANCES AND STAFF The Investigating Committee may employ such professional,technical,clerical, or other personnel as necessary for the proper performance of its duties,to the extent of funds made available to it and subject to such restrictions and procedures relating thereto as may be provided by law or any applicable rule or procedure of the Council. If the Investigating Committee deems special counsel services necessary,the Council may,by vote of five (5)members,authorize the employment of special counsel pursuant to Kaua’i County Charter Section 8.06. 4 RULE NO.4 MEMBERSHIP,QUORUM,AND VOTING (a)The Investigating Committee shall be established by resolution and may consist of the entire Council or any authorized committee thereof. (b)A quorum shall consist of a majority of the membership of the Investigating Committee. (c)No hearing shall be conducted by the Investigating Committee unless a quorum is present.A physical majority of the entire membership of the Investigative Committee shall constitute a quorum and the affirmative vote of the majority of the entire membership shall be necessary to take any action,except as otherwise provided. RULE NO.5 SUBPOENAS (a)The Presiding Officer of the Investigating Committee shall have the right,in the name of the Council,to subpoena witnesses and compel the production of books,documents,or other evidence pertinent to its investigation. (b)The subpoena shall state the name of the Council as the issuing authority and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein,and may also command the person to whom it is directed to produce books,documents,or other evidence designated therein. (c)Any person who is served with a subpoena to attend a hearing of the Investigating Committee shall be served with a copy of Kaua’i County Charter Section 3.17 that authorizes the Committee to conduct investigations;a copy of the resolution establishing the Committee;a copy of this Resolution under which the Committee functions;a general statement informing the person of the subject matter of the Committee’s investigation;and a notice that the person may be accompanied at the hearing by counsel to advise the person of his or her rights,subject to reasonable limitations that the Investigating Committee may prescribe to prevent obstruction of or interference with the orderly conduct of the hearing.Provided that in any investigation which concerns the alleged gross misconduct,or alleged criminal action on the part of any individual,such individual shall have the right to be represented by counsel,the right of reasonable cross-examination of witnesses,and the right to process of the Council to compel the attendance of witnesses in the individual’s behalf. (d)Any officer to whom such process is directed,if within such officer’s territorial jurisdiction,shall forthwith serve or execute the same upon delivery thereof to the officer without charge or compensation,except in the case of the sheriff or the sheriffs deputies where the Council shall pay the customary service fee plus the 5 mileage expenses,provided that if the subpoena is served in a county other than that in which the witness resides or is employed or transacts the witness’business in person,the issuing authority shall bear the expense of travel by the witness to and attendance at the place named in the subpoena to the same extent as provided by the rules of court. RULE NO.6 HEARINGS (a)The Investigating Committee may hold hearings appropriate to the performance of its duties at such times and places as the Committee determines, pursuant to the notice requirements of Hawaii Revised Statutes Section 92-7. (b)Each member of the Investigating Committee shall be given at least six (6)days written notice of any hearing to be held.The notices shall include a statement of the subject matter of the hearing. (c)All hearings of the Investigating Committee shall be public unless the Committee determines that a hearing should not be open to the public in a particular instance,by an affirmative vote,taken at an open meeting,of two-thirds of the members present,provided the affirmative vote constitutes a majority of the membership of the Investigating Committee,pursuant to Hawai’i Revised Sections 92- 4 and 92-5. (d)The Presiding Officer of the Investigating Committee,if present and able to act,shall preside and supervise the examination by the members of the Committee. In the Presiding Officer’s absence or disability,the Vice Presiding Officer of the Investigating Committee shall serve as the Presiding Officer.In the absence or disability of both the Presiding Officer and the Vice Presiding Officer,an acting Presiding Officer shall be selected by a majority vote of the remaining members of the Investigating Committee and have all the powers as the Presiding Officer. RULE NO.7 GOVERNMENT OFFICERS AND EMPLOYEES TO COOPERATE The officers and employees of the County shall cooperate with the Investigating Committee and furnish to the Committee such information as may be called for in connection with the investigative activities of the Committee. RULE NO.8 WITNESS TESTIMONY AND PUBLIC TESTIMONY (a)The Presiding Officer shall administer an oath or affirmation to every witness testifying at a hearing. 6 (b)All testimony given or adduced at a hearing shall be under oath or affirmation.The form of the oath or affirmation shall be:“Do you solemnly swear or affirm that the testimony you are about to give will be the truth,the whole truth,and nothing but the truth?” (c)Any person who appears before the Investigating Committee pursuant to these rules shall have all the rights,privileges,and responsibilities of a witness provided under law. (d)The Presiding Officer at a hearing may direct a witness to answer any relevant question or furnish any relevant book,paper,or other document,the production of which has been required by subpoena duces tecum.If any witness fails or refuses to respond thereto,the Circuit Court,upon request of the Investigating Committee,shall have the power to compel obedience to any process of the Investigating Committee and require witnesses to answer questions put to them and to punish as contempt of court any refusal to comply without good cause shown. (e)The Investigating Committee may accept for incorporation into the record of the hearing sworn witness statements relevant to any purpose,subject matter,or scope of the Committee’s investigation or inquiry. (f)The Investigating Committee shall cause a verbatim record to be made of all proceedings in which testimony or other evidence is demanded or adduced,which shall include rulings of the Presiding Officer,questions of the Committee,the testimony or responses of witnesses,sworn witness statements submitted to the Committee,and such other matters as the Committee or its Presiding Officer may direct. (g)Persons wishing to present public testimony may do so in accordance with Hawai’i Revised Statutes Section 92-3 and the Rules of the Council of the County of Kaua’i. RULE NO.9 CRIMINAL SANCTIONS (a)Any person who fails or refuses to appear in compliance with a subpoena or,having appeared,fails or refuses to testify under oath or affirmation,or fails or refuses to answer any question pursuant to a court order,or fails or refuses to furnish any book,paper,or other document subpoenaed by or on behalf of the Investigating Committee pursuant to a court order,may be prosecuted for contempt of court in violation of Hawai’i Revised Statutes Section 710-1077. 7 (b)Any person who falsely swears may be prosecuted for perjury in violation of Hawai’i Revised Statutes Section 710-1060.Whenever the Investigating Committee is satisfied that a witness has sworn falsely,it shall report the violation to the County Attorney or Prosecuting Attorney for prosecution. RULE NO.10 SEVERABILITY If any provision of these rules,or the application thereof to any person or circumstance is determined to be invalid,the invalidity does not affect other provisions or applications of these rules that can be given effect without the invalid provision or application,and to this end the provisions of these rules are severable. RULE NO.11 LIMITATION None of these rules shall be construed to limit or prohibit the acquisition of evidence or information by an Investigating Committee by any lawful means not provided for herein. RULE NO.12 NEW RULES AND AMENDMENTS None of these rules may be altered or rescinded nor may any new rule be adopted without the affirmative vote of at least four (4)Councilmembers.All amendments shall be by resolution. RULE NO.13 SUSPENSION OF THE RULES None of these rules may be suspended,except by the affirmative vote of at least two-thirds of all Investigative Committee members. RULE NO.14 WHEN RULES ARE SILENT The rules of parliamentary practice as set forth by the current edition of “Robert’s Rules of Order,Newly Revised”shall govern the Investigating Committee where not inconsistent with Rules of the Council of the County of Kaua’i for the Organization of Committees and the Transaction of Business and these Rules of the Council of the County of Kaua’i for Investigations Conducted Pursuant to Section 3.17 of the Charter of the County of Kaua’i. 8 SECTION 5.This Resolution shall take effect upon its approval. Introduced by:Is!MEL RAPOZO V’\RESOLUTIONS\2016-2018 TERM\Reso.No,2017-16,Draft 1 -Council Rules for 3.17 Investigation MR_JA_cy.docx av Q3xtucb3ccub 8run x QtIiock x aaiiia x ancTjiro x IauakamI x aapoo x u1umura x ota1 6 H 1 o Qlertuttcate Q.Df boptton e Ijcrcbp terttfp tijat 3&eolution jo.2017—16,Draft 1 ljja abopftb bp t1j Qiountil of tije otintp of Iua’t,‘tete of LabiaI’I,february 22,20iJ -. 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