HomeMy WebLinkAboutResolution No. 2023-02COUNTY COUNCIL
COUNTY OF KAUA'I
l\,esolution No. 2023-02
RESOLUTION ADOPTING THE RULES OF THE
K.AUA'I COUNTY COUNCIL 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.
adopted.
The attached Rules of the Kaua'i County Council are hereby
SECTION 2. In interpreting the rules, the intent of the Council shall be
deemed to have been to: (a) carry out the majority view of the Council, yet provide the
minority fair opportunity to express its view, and (b) provide a written guide for an
efficient and defined parliamentary procedure for Council deliberations so that its
actions may be based on an informed and reasoned discussion of issues.
SECTION 3. All meetings and deliberations of the Council shall be
governed by the rules.
SECTION 4. The approved rules may be amended as provided for therein.
SECTION 5. This Resolution shall take effect upon its approval.
Introduced by:
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MEL RAPozo
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RULES OF THE KAUA'l COUNTY COUNCIL
TABLE OF CONTENTS
Page Number
Rule No. 1 Meetings ............................................................................................. 3
Rule No. 2 Quorum and Vote: Exceptions Listed .............................................. 5
Rule No. 3 Officers and Their Duties .................................................................. 6
Rule No. 4 Committees ........................................................................................ 9
Rule No. 5 Voting, Attendance, and Absence ................................................... 12
Rule No. 6 Motions ............................................................................................. 13
Rule No. 7 Appeal ............................................................................................... 15
Rule No. 8 Disclosure of Interest ....................................................................... 15
Rule No. 9 General Provisions Regarding Bills, Resolutions,
Motions, and Amendments .............................................................. 15
Rule No. 10 Certificates ........................................................................................ 16
Rule No. 11 Testimony ......................................................................................... 17
Rule No. 12 Public Hearings ................................................................................ 18
Rule No. 13 Order and Decorum ......................................................................... 19
Rule No. 14 Order of Business for Council Meetings .......................................... 19
Rule No. 15 Agenda and Priority of Business ..................................................... 20
Rule No. 16 Minutes ............................................................................................ 20
Rule No. 17 Restriction on Employment of Relatives ........................................ 21
Rule No. 18 Communications With the County Attorney .................................. 21
Rule No. 19 News Reporters ................................................................................ 22
Rule No. 20 New Rules and Amendments .......................................................... 22
Rule No. 21 Suspension of the Rules ................................................................... 22
Rule No. 22 When Rules Are Silent .................................................................... 22
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RULEN0.1
MEETINGS
(a) Recommended Procedure for Initial Convening of the Council.
(1) When the time specified by law arrives for the first convening of the
newly-elected Council, the Mayor, as the temporary Chair, shall call the
Councilmembers-elect to order and shall appoint a temporary Clerk.
(2) The Mayor, as the temporary Chair, shall appoint a Credentials
Committee of not less than three (3) Councilmembers-elect. The Credentials
Committee shall immediately examine the credentials of the
Councilmembers-elect elected. If the credentials are in order, the Credentials
Committee shall so report and the oath of office shall be administered to the
Councilmembers-elect by someone duly qualified to administer oaths.
(3). The oaths having been administered, the Council shall then elect a
Chair and Vice Chair as provided by Section 3.07 of the Charter of the County of
Kaua'i.
( 4) The Chair shall assume the chair of the Presiding Officer
immediately after being elected and the Council shall then, by resolution: appoint
the County Clerk; adopt the Rules of the Kaua'i County Council; and appoint the
Chair, Vice Chair, and members of the several Standing Committees.
(b) Regular Council Meetings; Relocation. Regular meetings of the
Council shall be held in the Historic County Building or Lihu'e Civic Center in Lihu'e,
County of Kaua'i, State of Hawai'i, or other location designated by the Council,
at 8:30 a.m., or other time designated by the Council, at least twice a month on a
Wednesday, or other day designated by the Council. The Council by majority
concurrence of its members may designate other locations, times, or days for its
meetings.
(c) Standing Committee Meetings. When Standing Committees meet,
they shall meet on Wednesday in the week after the regular Council meeting date, or
on another day if such Wednesday is untimely. The Public Works & Veterans Services
Committee shall convene first, followed by the Parks & Recreation / Transportation
Committee, the Planning Committee, the Housing & Intergovernmental Relations
Committee, the Public Safety & Human Services Committee, the Finance & Economic
Development Committee, and the Committee of the Whole.
(d) Special Meetings. Pursuant to the Charter and Hawai'i Revised Statutes
Chapter 92, special meetings may be called at any time by the Mayor, the Chair, or by
five (5) or more members of the Council. Written public notice shall be given as required
by Hawai'i Revised Statutes Chapter 92.
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(e) Executive Sessions. All Council and Committee meetings shall be open
to the public, except as provided by the Charter or Hawai'i Revised Statutes
Chapter 92. The Council or Committee may hold an executive session closed to the
public pursuant to Hawai'i Revised Statutes Section 92-4, upon an affirmative vote,
taken at an open meeting, of two-thirds of the members present (provided the
affirmative vote constitutes a majority of the Council) to:
(1) Consider the hire, evaluation, dismissal, or discipline of an officer or
employee, or of charges brought against the officer or employee, where
consideration of matters affecting privacy will be involved; provided that if the
individual concerned requests an open meeting, an open meeting shall be held;
(2) Deliberate concerning the authority of persons designated by the
Council to conduct labor negotiations or to negotiate the acquisition of public
property, or during the conduct of these negotiations;
(3) Consult with the Council's attorney on questions and issues
pertaining to the Council's powers, duties, privileges, immunities, and/or
liabilities;
(4) Investigate proceedings regarding criminal misconduct;
(5) Consider sensitive matters relating to public safety or security;
(6) Consider matters relating to the solicitation and acceptance of
private donations; and
(7) Deliberate or decide a matter reqmrmg the consideration of
information that shall be kept confidential pursuant to a state or federal law, or
a court order.
(f) Emergency Meetings. If the Council finds that an imminent peril to the
public health, safety, or welfare requires a meeting in less time than is provided for in
Hawai'i Revised Statutes Chapter 92, the Council may hold an emergency meeting,
provided that:
(I) The Council states in writing the reasons for its findings;
(2) Two-thirds of all members agree that the findings are correct and
an emergency exists;
(3) An emergency agenda and the findings are filed with the Office of
the County Clerk; and
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( 4) Persons requesting notification are contacted by mail or telephone
as soon as practicable.
(g) Workshops. Committee Chairs, with the approval of the Council Chair,
may schedule workshops to encourage increased dialogue among County
representatives, technical experts, and the general public regarding a bill or resolution
that is pending on the Council's or the Committee's agenda. The Committee Chair shall
prepare the agenda and facilitate the meeting. Written public notice shall be given as
required by Hawai'i Revised Statutes Chapter 92. The workshop agenda may include
participants, presentations, and discussion of critical issues relating to a bill or
resolution before the Council or Committee.
(h) Meetings by Interactive Conference Technology. Any meeting may
be held by interactive conference technology. The technology shall allow for the
interaction among all Councilmembers and the public attending the meeting. Notice
shall be as required by law.
(i) Adjournment. The Council or Committee Chair may adjourn the meeting
at any time unless the majority of the members present at the Council or Committee
meeting object. Every adjournment shall be deemed to be to the next regular meeting
of the body.
RULE NO. 2
QUORUM AND VOTE: EXCEPTIONS LISTED
(a) Council. A physical majority of the entire membership of the Council (4)
shall constitute a quorum and the affirmative vote of the majority of the entire
membership ( 4) shall be necessary to take any action; provided, that an affirmative vote
of at least two-thirds of the Council (5) shall be required to:
(1) Authorize the issuance of general obligation bonds;
(2) Override the Mayor's veto;
(3) Suspend without pay for not more than one (1) month any member
for disorderly or contemptuous behavior or for personal vilification in its
presence;
(4) Authorize, after consultation with the County Attorney, the public
release of legal opinions that have been requested by the Council and rendered
by the Office of the County Attorney;
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(5) Hold an emergency meeting; and
(6) Authorize the employment of special counsel.
(b) Absence of Council Quorum. In the absence of a quorum during any
official meeting of the Council, the Council shall:
(1) Recess its meeting to seek out a quorum; or
(2) Adjourn its meeting for lack of a quorum to a specified time
and place.
(c) Committee. A physical majority of the membership of a Committee shall
constitute a quorum, and the affirmative vote of a majority of the membership entitled
to vote shall be necessary to take any action.
(d) Absence of a Committee Quorum. In the absence of a physical quorum
during any official meeting of the Committee, the Committee shall:
(1) Recess its meeting to seek out a quorum; or
(2) Adjourn its meeting for lack of a quorum to a specified time
and place.
RULE NO. 3
OFFICERS AND THEIR DUTIES
(a) Council Chair. The Chair shall be the Presiding Officer of the Council.
In the absence or disability of the Chair, the Vice Chair shall act as the Presiding
Officer. In the absence or disability of both the Chair and Vice Chair, the Chair of the
Finance & Economic Development Committee shall act as the Presiding Officer. In his
or her absence or disability, the Chair of the Planning Committee shall act as the
Presiding Officer.
It shall be the duty of the Presiding Officer to:
(1) Convene all meetings of the Council at the appointed time by
functioning as the role of the Chair and calling the Council to order;
(2) Call for the approval of the minutes of the preceding meeting(s)
when a quorum is present;
(3) Maintain order and proper decorum;
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( 4) Announce the business before the Council in the order prescribed by
these rules;
(5) Receive and determine for disposition all matters properly brought
before the Council, call for votes, and announce the results;
(6) Set the salary of the County Clerk in accordance with the applicable
salary resolution;
(7) Make known all Rules of Order when so requested and decide all
questions of order, subject to an appeal to the Council;
(8) Announce the result on any matter voted on by the Council, and in
case of a tie vote, order that the matter be made the special order of the day at
the next regular meeting;
(9) Act as the Council's liaison in dealing with the Office of the County
Clerk; provide for the coordination of all administrative activities in the
legislative branch, Office of the County Clerk, and Office of the County Auditor,
to see that they are honestly, efficiently, and lawfully conducted; sign all
instruments requiring execution or agreement by the Council; act as chief
procurement officer of the legislative branch pursuant to Hawai'i Revised
Statutes Chapter 103D; and perform other duties as may be required by law, or
as may properly pertain to such office;
(10) Approve Councilmembers' travel requests;
(11) Receive all reports, communications, bills, resolutions, and other
items addressed to the Council from the public, the Mayor, various governmental
agencies or departments, and individual Councilmembers, and immediately
make the proper referrals of these matters to the Council or to the appropriate
Committee Chair(s). All communications addressed to the Council shall be
properly recorded and made available to the public upon request, except as
otherwise provided by law; and
(12) Hold a Chair's meeting, as needed, with the County Clerk or Council
Services Staff, to informally discuss scheduling, operational, or procedural
matters that are within the decision-making authority of the Chair and do not
require Council approval.
(b) Council Vice Chair. It shall be the duty of the Vice Chair to assume the
duties of the Chair in the Chair's absence and perform other duties as may be assigned
by the Chair.
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(c) Committee Chair. The Chair of each Committee may call any meetings
or hearings of the Committee, and shall preside at such meetings or hearings. The Vice
Chair of the Committee shall perform the duties of an absent Committee Chair.
(d) County Clerk. It shall be the duty of the County Clerk or an authorized
representative, in addition to those duties prescribed by law, to:
(1) Read bills, resolutions, and other matters to the Council, if
so required;
(2) Immediately forward to the proper parties all communications and
other matters, either directly or through a Committee;
(3) Deliver to the appropriate Committee all petitions, resolutions, bills,
or other matters as may be duly referred to the Committee;
(4) Note all points of order with the ruling thereon within the minutes;
(5) Make a list of all bills, resolutions, petitions, communications, and
other matters set for consideration on particular dates;
(6) Have charge of and be responsible for all records of the Council;
(7) Be responsible for the administration of the Office of the County
Clerk;
(8) Advertise digests of all bills passed on first reading in accordance
with law;
(9) Enter objections of the Mayor in the minutes of the Council on
receipt of bills vetoed and place the objections related to bills on the agenda as
directed by the Chair;
(10) Certify ordinances;
(11) Authenticate by signature all acts of the Council as may be required
by law; and
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(12) Serve in all matters as Clerk of the Council and perform all clerical
duties and offices pertaining to the position as the Council may direct, as well as
other duties as shall by law or these rules, or rules hereafter adopted, be assigned
to the Clerk, or as properly pertain to the position.
RULE NO. 4
COMMITTEES
There shall be four (4) kinds of Committees, namely: (a) Standing Committees,
(b) Joint Committees, (c) Sub-Committees, and (d) Special Advisory Committees.
(a) Standing Committees. There shall be seven (7) Standing Committees
consisting of five (5) voting members and two (2) ex-officio members, except for the
Committee of the Whole, which shall consist of seven (7) voting members. Ex-officio
members of a Committee shall have a voice, but no vote, in all Committee proceedings,
and are not counted in determining the number required for a quorum. Ex-officio
members also may not make or second motions. The purpose of the Standing
Committees is to provide well-considered recommendations to the Council on all bills,
resolutions, and other matters referred to the Standing Committee by the Council.
(1) A Committee on Public Works & Veterans Services consisting
of five (5) voting members and two (2) ex-officio members. The Public Works &
Veterans Services Committee shall consider matters relating to highways and
roads, utilities, solid waste, wastewater, buildings under the jurisdiction of the
County, baseyards, Veterans services, military issues, and legislation relating to
the Committee.
(2) A Committee on Parks & Recreation / Transportation
consisting of five (5) voting members and two (2) ex-officio members. The Parks
& Recreation / Transportation Committee shall consider matters relating to
parks, beaches, recreational areas, stadiums, neighborhood centers, the Kaua'i
War Memorial Convention Hall and its services, all recreational facilities, the
Wailua Golf Course, promotion and initiation of recreational programs and
events, youth and elderly recreational programs, public transportation, and
legislation relating to the Committee.
(3) A Committee on Planning consisting of five (5) voting members
and two (2) ex-officio members. The Planning Committee shall consider matters
relating to land use, the General Plan and related plans, zoning, shoreline
protection, subdivision controls, environmental concerns, historic preservation,
the Department of Water, and legislation relating to the Committee.
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(4) A Committee on Housing & Intergovernmental Relations
consisting of five (5) voting members and two (2) ex-officio members. The Housing
& Intergovernmental Relations Committee shall consider matters relating to
housing, homelessness, the Hawai'i State Association of Counties (HSAC), the
National Association of Counties (NACo), and legislation relating to
the Committee.
(5) A Committee on Public Safety & Human Services consisting of
five (5) voting members and two (2) ex-officio members. The Public Safety &
Human Services Committee shall consider matters relating to Police, Fire, the
Office of the Prosecuting Attorney, the Kaua'i Emergency Management Agency,
Department of Liquor Control, the Department of Human Resources, the Agency
on Elderly Affairs, and legislation relating to the Committee.
(6) A Committee on Finance & Economic Development consisting
of five (5) voting members and two (2) ex-officio members. The Finance &
Economic Development Committee shall consider matters relating to finances,
revenues, taxes, real property tax, preparation of the annual County Operating
and Capital Improvement Projects (CIP) budgets, budget amendments, economic
development programs and initiatives relating to: tourism, the visitor industry,
small business development, employment, sports and recreation development,
culture and the arts development, economic development promotional efforts,
sustainability, agriculture, food, energy, and other economic development areas,
and legislation relating to the Committee.
(7) A Committee of the Whole consisting of all members of the
Council. The Committee of the Whole shall consider matters relating to
establishment of new Committees, policies of the Council, goals and objectives of
the Council and its Committees, rules of the Council, screening of questions of
ethics, internal matters dealing with the Council and the Office of the County
Clerk, charter amendments, all issues involving: the Office of the County Auditor,
the Office of the Mayor, and appointments to boards and commissions, and
legislation relating to the Committee.
(b) Joint Committees. The Council may, through motion duly adopted, refer
items to Joint Committees. A referral shall be sufficient to establish a Joint Committee.
Joint Committees shall consist of any combination of Standing Committees and shall be
presided over by the Chair of the first-named Standing Committee. Joint Committees
shall meet and report on all matters referred to them in the same manner as Standing
Committees.
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(c) Sub-Committees. Sub-Committees shall report to a Standing Committee
as required, serving until discharged after final reporting on the special matter referred
to it.
(d) Special Advisory Committees. Special Advisory Committees may be
created as needed by the Council.
(1) Special Advisory Committees shall consist of at least one (1)
Councilmember and may include members from the private and nonprofit
sectors, and representatives from other political subdivisions and other
government agencies.
(2) Special Advisory Committees shall engage in fact-finding and
evaluation of issues, and shall make recommendations to the Council. To avoid
duplication, only one (1) Special Advisory Committee may be appointed to study
and evaluate an issue.
(3) All communications from a Special Advisory Committee shall be
made to the Council.
(4) Special Advisory Committees shall serve until discharged via
motion by the Council.
(e) Formation by Resolution. Sub-Committees and Special Advisory
Committees shall be established by resolution, which shall state:
them.
(1) The purpose of the Committee;
(2) The members of the Committee;
(3) The Committee's scope of work; and
( 4) The estimated timetable for the Committee to complete its work.
(f) Committee Reports. Committees shall report on all matters referred to
(1) Whenever any matter is referred to a Committee, it shall be the duty
of the Committee to make diligent inquiry into all facts and circumstances
deemed necessary by the Committee. The County Attorney may be consulted,
witnesses may be summoned and examined, and documents and records
reviewed.
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(2) The report of a Committee on a bill or resolution shall state clearly
the amendments proposed, if any. If an amended bill or resolution is in place of
the one referred to the Committee, the Committee shall agree with the subject of
the one returned to the Council.
(3) Whenever a Committee fails to agree, the report of the majority of
voting members shall be the report of the Committee. The minority of voting
members of the Committee may file a separate report or simply note on the report
of the majority of voting members of the Committee the words, "I (or we) do not
concur."
RULE NO. 5
VOTING, ATTENDANCE, AND ABSENCE
(a) Voting Methods. There shall be four ( 4) methods of determining the
decision of the Council or Committees regarding any matter:
(1) 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;
(2) Voice vote;
(3) Rising; and
(4) Unanimous consent.
(b) Silent Vote. Unless a member is 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 may 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
the matter, shall leave the meeting room 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.
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(e) Council Absence or Recusal. 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 or recusal of a member, the item shall be made the special
order of the day at the next regular Council meeting.
(f) Committee Absence or Recusal. 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 or recusal of a voting
member, the item shall be referred to the next meeting 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, may explain
their vote; and after the announcement of the result, no one may vote or change their
vote without unanimous consent of the members present.
RULE NO. 6
MOTIONS
(a) No motion may be considered until it has been seconded.
(b) After a motion is stated by the Presiding Officer, it is deemed in the
possession of the body and shall be disposed of by vote. However, any motion may be
withdrawn by the movant with consent of the second at any time before a decision or
amendment.
(c) Whenever any issue is under discussion, the following motions are
available, having precedence in the order named:
(1) Lay on the table (no debate);
(2) Postpone or defer to a certain time (no debate);
(3) Commit or refer;
( 4) Amend; or
(5) Postpone indefinitely (no action may be taken on the issue at any
subsequent meeting for the remainder of the calendar year).
(d) When any motion is decided in the negative, it may not be revived at the
same meeting. If all are negative, the only remaining question shall be the approval or
receipt of the bill, resolution, or other main question. If a motion to approve a matter
fails in Committee, the recommendation to the Council shall be to receive the matter.
If a motion to receive a matter fails in Committee, the matter shall remain in
Committee. An affirmative vote to recommend either receipt or approval of the matter
shall be taken before the Committee makes its recommendation to the Council.
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(e) When any matter before the Council or Committee is postponed or deferred
to a certain time, the period of postponement or deferral shall be specifically stated. If
not, the matter shall be an order of business for the next Committee or Council meeting.
(f) No member may speak longer than a total of eight (8) minutes on the same
agenda item. A member may not speak more than three (3) times on the same question
without leave of the Presiding Officer, subject to an appeal to the body. The member or
members introducing the matter shall have a combined total of twenty (20) minutes to
speak during the initial introduction of the matter or during the first Committee
meeting.
(g) Motion to Adjourn. A motion to adjourn is always in order and shall be
decided without debate. One motion to adjourn shall not follow another without
intervening business.
(h) Call For The Question. The purpose of the motion to call for the question
is to end debate. It shall always be in order and shall require a two-thirds vote of the
members present to carry it. Whenever such motion prevails, the main question, subject
to the order of priority, shall be put.
(i) Reconsideration. When a motion has been made and carried in the
affirmative or negative, only a member who voted with the majority may move, at the
same meeting or at the next regular meeting, to reconsider the motion. The motion for
reconsideration shall take precedence over all other questions except a motion to
adjourn; provided that pursuant to the Charter, when a bill fails to pass on final reading
and a motion is made to reconsider, the vote on such motion shall not be acted on before
the expiration of twenty-four (24) hours.
(j) Point of Order. A point of order may be raised at any stage of
the proceedings, except while a vote is being taken.
(1) When the Chair or any member believes the rules are being violated,
the Chair or member may raise a point of order (or "raise a question of order"),
thereby calling on the Chair for a ruling and enforcement of the rules. The
question shall be ruled on by the Chair, without debate unless the Chair decides
to allow debate, subject to an appeal to the Council.
(2) When a member is speaking when a point of order is raised, that
member shall be in possession of the floor after the point of order is decided, and
may proceed with the matter under discussion within the parameters of the
ruling made on the point of order.
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RULE NO. 7
APPEAL
The Council or Committee may, by a majority vote, overrule the ruling of the
Chair upon a motion of appeal that is duly seconded.
RULE NO. 8
DISCLOSURE OF INTEREST
Whenever a possible conflict of interest regarding any matter pending before the
Council or any of its Committees becomes apparent to a member, the member shall
promptly make a written disclosure to the body.
RULE NO. 9
GENERAL PROVISIONS REGARDING BILLS, RESOLUTIONS,
MOTIONS, AND AMENDMENTS
(a) Introduction. Any bill or resolution may be introduced by any member.
The original copy of any bill or resolution shall be written, dated, and signed by the
introducer.
(b) Manager. Each legislation shall have a manager. The introducer and/or
appropriate Committee Chair shall serve as manager of the legislation and may
delegate this function to another Councilmember. The manager shall be responsible for
the management of the legislation including the securing of all pertinent information
regarding the matter. Pertinent information may include a table of active outreach,
notification and inclusion of stakeholders both positively and negatively impacted by a
bill's content, with a summary of considerations.
(c) Placement on Agenda. All bills and resolutions shall be initialed by the
Council Chair or, in the Chair's absence, the Vice Chair (or other designated Presiding
Officer as stated in Rule No. 3) in order to be placed on the agenda.
(d) Amendment of Bills and Resolutions. No bill or resolution may be
amended so as to change its original purpose. Every bill or resolution, as amended,
shall be in writing before final passage.
(e) Motions and Amendments. Motions and amendments may be verbal,
but shall be reduced to writing if requested by the Presiding Officer, and shall be read
by the County Clerk by request of any member.
(f) Bill Readings. Pursuant to the Charter, bills shall be passed only after
two (2) readings on separate days. No bill shall become an ordinance unless passed on
second and final reading by a majority of all Councilmembers (4), or by at least five (5)
Councilmembers when so required.
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(g) Resolution Readings.
(1) Except as otherwise provided by the Charter, resolutions may be
adopted on one (1) reading by the affirmative vote of a majority of the entire
membership of the Council (4).
(2) Eminent Domain Resolutions. Pursuant to the Charter, resolutions
authorizing proceedings in eminent domain shall not be acted upon on the date
of introduction, but shall be laid over for at least fourteen (14) days before
adoption. Such resolutjons shall be advertised once in a newspaper of general
circulation in the County at least fourteen (14) days before adoption by the
Council. Copies of such resolutions shall be filed for use and examination by the
public in the Office of the County Clerk at least fourteen (14) days prior to the
adoption thereof.
(h) Full Readings Waived. Full oral readings of bills and resolutions are
waived and may be by title or number only unless a full reading is requested by any of
the members present.
(i) Publication of Bills. Bills embracing: (1) the fixing of special
assessments for the costs of improvements, (2) the appropriation of public funds or the
authorization for the issuance of general obligation bonds, or (3) the imposition of a duty
or penalty on any person, shall pass first reading by a vote taken by ayes and noes, and
digests of such bills shall be advertised once in a newspaper of general circulation in the
County, with the vote noted, at least seven (7) days before final reading by the Council.
Copies of such bills shall be filed for use and examination by the public in the Office of
the County Clerk at least seven (7) days prior to the final reading thereof.
(i) Submission to Mayor. Every bill, or resolution authorizing proceedings
in eminent domain, which has passed the Council and which has been duly
authenticated by the County Clerk and the Presiding Officer, shall be presented to the
Mayor for approval. Thereafter, action shall be governed by the procedures set forth in
Charter Section 4.03.
RULE NO. 10
CERTIFICATES
Certificates are non-legislative documents to recognize outstanding
achievements, offer thanks, honor retirees, offer condolences, or support the observance
of time periods in recognition of certain causes.
(a) Certificates are approved upon signing and require no other Council
action.
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(b) Any conflicts such as sponsorship, duplicate requests, or whether
the subject-matter should be in certificate or resolution form shall be decided by
the Council Chair, subject to appeal to the Council pursuant to Rule No. 7.
RULEN0.11
TESTIMONY
(a) Written and oral testimony shall be accepted at any Council meeting,
Committee meeting, or public hearing.
(b) Written testimony. Written testimony shall be received for the record
on any agenda item. Whenever possible, the testifier 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
County Clerk prior to the Chair calling the meeting to order.
(2)
Chair.
Testifiers are entitled to the floor only when recognized by the
(3) Testifiers may state their name and whom they represent,
and shall disclose if they are a registered lobbyist, in compliance with
Hawai'i Revised Statutes Chapter 97. Registered lobbyists shall file the
requisite forms with the Office of the County Clerk pursuant to Kaua'i
County Code 1987, as amended, Chapter 3, Article 6 (Ordinance No. 999).
(4) Testifiers may only testify on the subject-matter under
consideration, shall refrain from questioning Councilmembers and staff,
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, plus an additional three (3) minutes to provide further testimony.
At the discretion of the Chair, each testifier's additional three (3) minutes
of testimony may be presented either immediately following the testifier's
initial three (3) minutes of testimony (continuous six (6) minutes of
testimony time), or after all other testifiers have had an opportunity to
present their initial three (3) minutes of testimony. The Chair may set the
order of speakers, speaking for or against any proposition, and may notify
the speaker of the expiration of speaking time thirty (30) seconds before
such expiration.
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(7) The Chair shall grant time to testify to persons who have not
registered, following the registered testifiers, in same manner as
registered testifiers.
(8) Testifiers shall restrict themselves to the issues and avoid
discussion of personalities.
(9) The Chair may restrict or terminate a testifier's opportunity
to speak for intemperate or abusive behavior or language.
(10) The Chair may allow Councilmembers to ask testifiers to
repeat or clarify their position for or against the agenda item made during
their testimony, but Councilmembers shall not ask questions that give the
testifier a greater opportunity to testify than others. Councilmembers may
not comment on testimony or testifiers during the testimony period.
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, 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 discussion for the
appropriate Council or Committee meeting.
(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.
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RULE NO. 13
ORDER AND DECORUM
(a) No person may sit at the desk of the Presiding Officer of the Council or the
County Clerk, except by permission of the Presiding Officer, or at the desk of any
Councilmember, except by permission of that Councilmember.
(b) While the Presiding Officer or any member is speaking, no one may
entertain a private discourse, nor while a member is speaking may anyone pass between
that Councilmember and the Chair.
(c) When speaking, a Councilmember shall address the Chair, with any
remarks confined to the question under discussion while avoiding discussion of
personalities.
(d) No unauthorized person may enter the floor of the Council or Committee
except by permission of the Presiding Officer.
RULE NO. 14
ORDER OF BUSINESS FOR COUNCIL MEETINGS
After roll call and the approval of the agenda and minutes, the Presiding Officer
shall call for business in the following order:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
bills;
(k)
(1)
Council.
Consent calendar;
Items made the special order of the day;
Messages from the Mayor;
Reports and communications from County officers;
Reports and communications from non-County parties;
Reports of Standing Committees;
Reports of Other Committees;
Introduction of bills and resolutions;
Unfinished business;
Order of the Day, including adoption of resolutions and second reading of
Miscellaneous business; and
Public hearings may be held at the time set in previous meetings of the
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RULE NO. 15
AGENDA AND PRIORITY OF BUSINESS
(a) All communications submitted to the Council shall be time-stamped on
receipt and presented to the Council Chair for disposition.
(b) The Council Chair shall have the discretion to schedule items to manage
the business of the Council's agenda. All communications to be placed on the agenda
shall be initialed by the Council Chair and received by the Council or the Office of the
County Clerk before 4:30 p.m. on the Friday two (2) weeks preceding the day of the
regular or Committee meeting, unless otherwise allowed by the Council Chair.
(c) The Council may place on the regular Council meeting agenda a consent
calendar of items that may be received without presentations, clarifying questions, or
debate. All items on the consent calendar may be received by a single motion. A
member may request that an item be removed from the consent calendar for discussion
and separate action. Any removed item shall be considered after the vote on the consent
calendar. The Council Chair shall determine the appropriate place on the agenda for
the removed item.
(d) The Clerk shall prepare and post an agenda for all meetings of the Council
and its Committees in compliance with Hawai'i Revised Statutes Chapter 92. Notices
and agendas for all regular, committee, special, and executive session meetings shall be
posted on the County of Kaua'i online calendar. Failure to post notices and agendas on
the Kaua'i County Council website shall not invalidate any action taken by the Council
or its Committees if the notice or agenda was posted in accordance with Hawai'i Revised
Statutes Chapter 92.
(e) Pursuant to Hawai'i Revised Statutes Chapter 92, neither the Council nor
Committees may change the agenda, once filed, by adding items without a two-thirds
recorded vote of all members to which the body is entitled; provided that no item may
be added to the agenda if it is of reasonably major importance and action thereon by the
body will affect a significant number of persons.
(f) The Council Chair may direct that any matter shall be made a special order
of business.
(g) All questions relating to the priority of business are to be acted on by the
Council Chair or Committee Chair, and shall be decided without debate unless the
Chair decides to allow debate.
RULE NO.16
MINUTES
(a) Pursuant to Hawai'i Revised Statutes Section 92-9, written minutes of all
meetings and public hearings shall be kept.
(b) The written minutes shall provide a true reflection of the matters
discussed and the views of the participants.
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(c) A full, verbatim transcript is not required, unless requested by a
Councilmember prior to the meeting or public hearing.
(d) Upon approval of the written minutes, the recording may be erased.
RULE NO. 17
RESTRICTION ON EMPLOYMENT OF RELATIVES
(a) A public officer of the legislative branch of County government may not
participate in the decision to appoint, employ, promote, or advance; or advocate for the
appointment, employment, promotion, or advancement; in or to an appointed, non-civil
service position in the legislative branch of County government; any individual who is
his or her relative or domestic partner, or is a relative of the public officer's domestic
partner.
(b) For the purpose of this rule, "relative" means an individual who is related
to a public officer of the legislative branch of County government as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or
half sister.
(c) For the purpose of this rule, "domestic partner" means an adult, unrelated
by blood, with whom a public officer: (1) has an exclusive committed relationship,
(2) maintains a mutual residence, and (3) shares the cost of basic living expenses. A
"relative of the public officer's domestic partner" means the father, mother, brother,
sister, son, or daughter of the domestic partner of the public officer.
(d) For the purpose of this rule, "public officer" means members of the County
Council, the County Clerk, and the County Auditor.
(e) This rule shall not apply to individuals appointed, employed, promoted, or
advanced prior to the effective date of this rule.
RULE NO. 18
COMMUNICATIONS WITH THE COUNTY ATTORNEY
Requests for legal opinions made by individual Councilmembers to the County
Attorney shall be made in writing and signed by the Councilmember seeking the
op1mon. Opinions received pursuant to those requests shall be confidential
communications between the Councilmember making the request and the County
Attorney. If the subject-matter of the request has been placed on a Council or
Committee agenda, the opinion received shall be circulated concurrently to all
Councilmembers, but shall remain a confidential communication with regard to other
parties.
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RULE NO. 19
NEWS REPORTERS
News reporters may be located in a designated area determined by the Presiding
Officer and may not interfere with the business of the Council or its Committees.
Requests to film the Council proceedings with the use of video or still photography shall
be submitted to the Office of the County Clerk in writing within five (5) days prior to
the meeting.
RULE NO. 20
NEW RULES AND AMENDMENTS
No rule of the Council 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. 21
SUSPENSION OF THE RULES
None of these rules may be suspended, except by the affirmative vote of at least
five (5) Councilmembers.
RULE NO. 22
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 Council where not inconsistent with
these rules.
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