2008 Neighborhood Plan (Signed), Official Web Site for The City and County of Honolulu

2008 Neighborhood Plan Signed Copy (Official)

TABLE OF CONTENTS

CHAPTER 11

RULES AND PROCEDURES OF THE NEIGHBORHOOD COMMISSION

SUBCHAPTER 1 Ц GENERAL PROVISIONS PAGE

2-11-101 Short title..................................................................................... 11-2

2-11-102 Definitions................................................................................... 11-2

2-11-103 To obtain information.................................................................... 11-4

2-11-104 Petition for adoption, amendment, or repeal of rules........................ 11-5

2-11-105 Declaratory rulings by the commission........................................... 11-5

2-11-106 Severability.................................................................................. 11-7

2-11-107 Computation of time; reestablishment of deadline dates................... 11-7

2-11-108 Executive secretary...................................................................... 11-8

2-11-109 Inquiries to the corporation counsel................................................ 11-8

2-11-110 Reimbursable expenses................................................................. 11-8

2-11-111 Transition..................................................................................... 11-9

SUBCHAPTER 2 Ц POWERS, DUTIES AND FUNCTIONS

2-11-201 General powers, duties, and functions of the commission................. 11-9

2-11-202 Political activity............................................................................ 11-9

2-11-203 Conference of chairs.................................................................... 11-10

SUBCHAPTER 3 Ц RULES OF THE COMMISSION

2-11-301 Attendance of commissioners........................................................ 11-10

2-11-302 Absences and removal recommendation process; resignation... ЕЕ 11-11

2-11-303 Meetings...................................................................................... 11-12

2-11-304 Executive meetings....................................................................... 11-12

2-11-305 Meeting notice and agenda............................................................ 11-13

2-11-306 Priority of business....................................................................... 11-13

2-11-307 Meeting minutes........................................................................... 11-13

2-11-308 Quorum and majority vote............................................................. 11-14

2-11-309 Voting......................................................................................... 11-15

2-11-310 Disclosure.................................................................................... 11-16

2-11-311 Order and decorum...................................................................... 11-16

2-11-312 Adjournment................................................................................ 11-16

2-11-313 Officers....................................................................................... 11-17

2-11-314 Removal of an officer................................................................... 11-17

2-11-315 Officer vacancy........................................................................... 11-17

2-11-316 Duties of officers......................................................................... 11-18

2-11-317 Committees.................................................................................. 11-19

2-11-318 Appointment of delegates.............................................................. 11-20

2-11-319 Parliamentary authority................................................................. 11-20

SUBCHAPTER 4 Ц REVIEW OF ACTIONS AND ACTIVITIES

2-11-401 Request for review....................................................................... 11-21

2-11-402 Review process of the commission................................................ 11-21

CHAPTER 12

GENERAL PROVISIONS OF THE NEIGHBORHOOD PLAN

2-12-101 Short title..................................................................................... 12-1

2-12-102 Definitions................................................................................... 12-1

2-12-103 Severability.................................................................................. 12-3

2-12-104 Inquiries to the corporation counsel................................................ 12-3

2-12-105 No compensation; reimbursable expenses...................................... 12-4

2-12-106 TransitionЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕ 12-4

2-12-107 Force and effect of law................................................................ 12-4

CHAPTER 13

POWERS, DUTIES, AND FUNCTIONS OF THE NEIGHBORHOOD BOARDS

2-13-101 Purpose....................................................................................... 13-1

2-13-102 General powers, duties, and functions of the boards........................ 13-1

2-13-103 Political activity............................................................................ 13-3

2-13-104 Standards of conduct.................................................................... 13-4

2-13-105 Conflicts of interest...................................................................... 13-4

2-13-106 Community forum limitations......................................................... 13-5

2-13-107 Representative capacity of board members.................................... 13-5

2-13-108 Membership................................................................................. 13-6

2-13-109 Concurrent holding of elective public office prohibition.................... 13-6

CHAPTER 14

RULES OF THE NEIGHBORHOOD BOARD

2-14-101 Oath of office.............................................................................. 14-2

2-14-102 Board term.................................................................................. 14-2

2-14-103 Transition and initial convening...................................................... 14-3

2-14-104 Membership vacancy.................................................................... 14-3

2-14-105 Attendance of members................................................................ 14-4

2-14-106 Absence and removal process; resignation..................................... 14-4

2-14-107 Reporting change of residency...................................................... 14-6

2-14-108 Disqualification by relocation......................................................... 14-6

2-14-109 Meetings...................................................................................... 14-6

2-14-110 Executive meetings....................................................................... 14-7

2-14-111 Meeting notice and agenda............................................................ 14-7

2-14-112 Priority of business....................................................................... 14-8

2-14-113 Meeting minutes........................................................................... 14-9

2-14-114 Quorum and majority vote............................................................. 14-9

2-14-115 Voting......................................................................................... 14-10

2-14-116 Disclosure.................................................................................... 14-11

2-14-117 Order and decorum...................................................................... 14-11

2-14-118 Discussion................................................................................... 14-12

2-14-119 Adjournment................................................................................ 14-12

2-14-120 Officers....................................................................................... 14-12

2-14-121 Removal of an officer................................................................... 14-12

2-14-122 Officer vacancy........................................................................... 14-13

2-14-123 Duties of officers......................................................................... 14-13

2-14-124 Committees.................................................................................. 14-15

2-14-125 Appointment of delegates.............................................................. 14-16

2-14-126 Parliamentary authority................................................................. 14-16

2-14-127 Board prohibited from suspending plan........................................... 14-17

CHAPTER 15

INITIATION AND FORMATION OF NEIGHBORHOODS

2-15-101 Initiative petition; voter signatures requirement............................... 15-1

2-15-102 Initiative petition components; board composition............................ 15-1

2-15-103 Filing and verification.................................................................... 15-2

2-15-104 Commission consideration process................................................. 15-2

2-15-105 Reservation of commission powers................................................ 15-3

2-15-106 Amendment of the initiative petition............................................... 15-3

2-15-107 Amendment process..................................................................... 15-4

2-15-108 Number of board members........................................................... 15-4

CHAPTER 16

NEIGHBORHOOD GEORAPHY

SUBCHAPTER 1 Ц GENERAL PROVISIONS

2-16-102 Neighborhood boundary definitions................................................ 16-3

2-16-102 Boundary establishment standards................................................. 16-3

2-16-103 Neighborhood boundary maps....................................................... 16-4

SUBCHAPTER 2 Ц DISTRICT BOUNDARY DESCRIPTIONS

2-16-201 Hawai`i Kai Neighborhood Board No. 1......................................... 16-4

2-16-202 Kuliouou-Kalani Iki Neighborhood Board No. 2.............................. 16-5

2-16-203 Waialae-Kahala Neighborhood Board No. 3................................... 16-5

2-16-204 Kaimuki Neighborhood Board No. 4.............................................. 16-6

2-16-205 Diamond Head / Kapahulu / St. Louis Heights Neighborhood

Board No. 5............................................................................ 16-7

2-16-206 Palolo Neighborhood Board No. 6................................................. 16-8

2-16-207 Manoa Neighborhood Board No. 7................................................ 16-8

2-16-208 McCully-Moiliili Neighborhood Board No. 8................................... 16-9

2-16-209 Waikiki Neighborhood Board No. 9............................................... 16-9

2-16-210 Maikiki / Lower Punchbowl / Tantalus Neighborhood

Board No. 10.......................................................................... 16-10

2-16-211 Ala Moana / Kakaako Neighborhood Board No. 11........................ 16-10

2-16-212 Nuuanu / Punchbowl Neighborhood Board No. 12.......................... 16-11

2-16-213 Downtown Neighborhood Board No. 13........................................ 16-12

2-16-214 Liliha / Puunui / Alewa / Kamehameha Heights Neighborhood

Board No. 14.......................................................................... 16-12

2-16-215 Kalihi-Palama Neighborhood Board No. 15.................................... 16-13

2-16-216 Kalihi Valley Neighborhood Board No. 16...................................... 16-13

2-16-217 Moanalua Neighborhood Board No. 17.......................................... 16-14

2-16-218 Aliamanu / Salt Lake / Foster Village Neighborhood

Board No. 18.......................................................................... 16-14

2-16-219 Airport Area Neighborhood Board No. 19...................................... 16-14

2-16-220 Aiea Neighborhood Board No. 20.................................................. 16-15

2-16-221 Pearl City Neighborhood Board No. 21.......................................... 16-15

2-16-222 Waipahu Neighborhood Board No. 22............................................ 16-16

2-16-223 Ewa Neighborhood Board No. 23.................................................. 16-17

2-16-224 Waianae Coast Neighborhood Board No. 24.................................. 16-17

2-16-225 Mililani / Waipio / Melemanu Neighborhood Board No. 25.............. 16-18

2-16-226 Wahiawa-Whitmore Village Neighborhood Board No. 26................ 16-18

2-16-227 North Shore Neighborhood Board No. 27....................................... 16-19

2-16-228 Koolauloa Neighborhood Board No. 28.......................................... 16-20

2-16-229 Kahaluu Neighborhood Board No. 29............................................ 16-20

2-16-230 Kaneohe Neighborhood Board No. 30........................................... 16-20

2-16-231 Kailua Neighborhood Board No. 31............................................... 16-21

2-16-232 Waimanalo Neighborhood Board No. 32........................................ 16-22

2-16-233 Mokapu Neighborhood Board No. 33............................................. 16-22

2-16-234 Makakilo / Kapolei / Honokai hale Neighborhood Board No. 34....... 16-22

2-16-235 Mililani Mauka / Launani Valley Neighborhood Board No. 35.......... 16-23

2-16-236 Nanakuli / Maili Neighborhood Board No. 36................................. 16-23

2-16-237 "Date formed" definition............................................................... 16-24

SUBCHAPTER 3 Ц AMENDMENTS TO BOUNDARIES

2-16-301 Neighborhood boundary amendments............................................. 16-24

2-16-302 Commission consideration process................................................. 16-25

2-16-303 Reservation of commission powers................................................ 16-26

2-16-304 Amendment moratorium............................................................... 16-26

CHAPTER 17

NEIGHBORHOOD BOARD ELECTIONS

SUBCHAPTER 1 Ц GENERAL PROVISIONS

2-17-101 Election principles......................................................................... 17-2

2-17-102 Chief elections officer................................................................... 17-2

2-17-103 Chief monitoring officer................................................................ 17-3

SUBCHAPTER 2 Ц VOTER AND CANDIDATE REGISTRATION

2-17-201 Determination of residence........................................................... 17-3

2-17-202 Voter eligibility and registration...................................................... 17-4

2-17-203 Change of residence..................................................................... 17-5

2-17-204 Candidate eligibility and registration............................................... 17-6

2-17-205 Disqualification of candidate.......................................................... 17-7

2-17-206 Concurrent candidacy prohibition................................................... 17-7

2-17-207 Prohibition on election service....................................................... 17-7

2-17-208 Candidate withdrawal................................................................... 17-8

2-17-209 Candidate list............................................................................... 17-8

2-17-210 Insufficiency of candidates............................................................ 17-9

2-17-211 Election campaigns and finance..................................................... 17-9

SUBCHAPTER 3 Ц VOTING PROCEDURES AND DISPOSITION

2-17-301 Ballots......................................................................................... 17-9

2-17-302 Ballot distribution deadline............................................................. 17-10

2-17-303 Replacement ballots...................................................................... 17-10

2-17-304 Return of ballots........................................................................... 17-11

2-17-305 Uncontested races........................................................................ 17-11

2-17-306 Ballot secrecy and security........................................................... 17-12

2-17-307 Ballot tabulation and recordkeeping procedures.............................. 17-12

2-17-308 Tie for last seat............................................................................ 17-13

2-17-309 Certification of election results...................................................... 17-14

2-17-310 Issuance of certificate of election.................................................. 17-14

SUBCHAPTER 4 Ц ELECTION CHALLENGES; MEMBER RECALL

2-17-401 Voter registration challenge........................................................... 17-14

2-17-402 Candidate registration challenge.................................................... 17-15

2-17-403 Other challenges.......................................................................... 17-16

2-17-404 Recall of a board member............................................................. 17-16

CHAPTER 18

REVIEW AND COMPLAINT PROCESS

SUBCHAPTER 1 Ц REVIEW OF BOARD ACTIVITY

2-18-101 Request for review....................................................................... 18-1

2-18-102 Review process of the commission................................................ 18-2

SUBCHAPTER 2 Ц SANCTIONS

2-18-201 General provisions of the sanction hearing process.......................... 18-3

2-18-202 Hearing of complaints by the executive secretary of the

Commission............................................................................ 18-5

2-18-203 Hearing of complaints initiated by a board, board member,

or the public............................................................................ 18-6

2-18-204 Sanctions..................................................................................... 18-7

2-18-205 Contested case process................................................................ 18-8

CHAPTER 19

TERMINATION OF A NEIGHBORHOOD BOARD

2-19-101 Termination of a board.................................................................. 19-1

2-19-102 Termination initiated by residents................................................... 19-1

2-19-103 Termination initiated by a board..................................................... 19-2

2-19-104 Termination initiated by the commission......................................... 19-2

2-19-105 Termination consideration process................................................. 19-2

2-19-106 New initiation and formation not precluded..................................... 19-3

CHAPTER 20

AMENDMENT OF THE NEIGHBORHOOD PLAN

2-20-101 Periodic comprehensive review..................................................... 20-1

2-20-102 Method of adoption, amendment, or repeal of rules......................... 20-1

2-20-103 Place of public hearings................................................................ 20-3

2-20-104 Effective date of adoption, amendment or repeal............................ 20-3

TITLE 2

OFFICE OF THE MANAGING DIRECTOR

SUBTITLE 2 NEIGHBORHOOD COMMISSION

CHAPTER 11 RULES AND PROCEDURES OF THE NEIGHBORHOOD COMMISSION

Subchapter 1 General Provisions

з2-11-101 Short title.

з2-11-102 Definitions.

з2-11-103 To obtain information.

з2-11-104 Petition for adoption, amendment, or repeal of rules.

з2-11-105 Declaratory rulings by the commission.

з2-11-106 Severability.

з2-11-107 Computation of time; reestablishment of

deadline dates.

з2-11-108 Executive secretary.

з2-11-109 Inquiries to the corporation counsel.

з2-11-110 Reimbursable expenses.

з2-11-111 Transition.

Subchapter 2 Powers, Duties, and Functions

з2-11-201 General powers, duties, and functions of the commission.

з2-11-202 Political activity.

з2-11-203 Conference of chairs

Subchapter 3 Rules of the Commission

з2-11-301 Attendance of commissioners.

з2-11-302 Absences and removal recommendation process; resignation.

з2-11-101

з2-11-303 Meetings.

з2-11-304 Executive meetings.

з2-11-305 Meeting notice and agenda.

з2-11-306 Priority of business.

з2-11-307 Meeting minutes.

з2-11-308 Quorum and majority vote.

з2-11-309 Voting.

з2-11-310 Disclosure.

з2-11-311 Order and decorum.

з2-11-312 Adjournment.

з2-11-313 Officers.

з2-11-314 Removal of an officer.

з2-11-315 Officer vacancy.

з2-11-316 Duties of officers.

з2-11-317 Committees.

з2-11-318 Appointment of delegates.

з2-11-319 Parliamentary authority.

Subchapter 4 Review of Actions and Activities

з2-11-401 Request for review.

з2-11-402 Review process of the commission.

SUBCHAPTER 1

GENERAL PROVISIONS

з2-11-101 Short title. This chapter shall be known and may be cited as the "Rules and Procedures of the Neighborhood Commission". [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-102 Definitions. As used in this subtitle, unless the context otherwise requires:

"Board" means a duly formed, qualified, and authorized neighborhood board established in accordance with this plan.

з2-11-102

"Board member" means a member of a board duly qualified, elected or appointed and affirmed in accordance with the plan.

"Charter" means the Revised Charter of the City and County of Honolulu 1973, as amended.

"City" means the City and County of Honolulu.

"City clerk" means the clerk of the city.

"City council" means the legislative body of the city.

"Commission" means the neighborhood commission of the city established pursuant to section 14-102, RCH.

"Commission office" means the administrative agency for the commission under the direction of the executive secretary.

"Commissioner" means a member of the commission duly qualified and appointed in accordance with section 14-102, RCH.

"Delegate" means any individual duly appointed to a delegate position established by the commission pursuant to section 2-11-318 or by a board pursuant to section 2-14-125.

"Executive secretary" means the executive secretary to the commission duly appointed in accordance with section 14-105, RCH.

"Individual" means a natural person.

"Mailing list" means a compilation of names and addresses of those persons that have requested to receive meeting notices of the commission or specific boards.

"Mayor" means the mayor of the city.

"Meeting" means the duly noticed convening of the commission or board at which a quorum is present and able to make a decision or to deliberate toward a decision upon a matter over which the commission or board has authority or advisory power.

"Neighborhood board system" includes the commission, executive secretary, commission office and staff, and boards.

"Person" includes any individual, partnership, firm, association, business, corporation, trust, estate, or other entity.

з2-11-102

"Plan" means the neighborhood plan as defined by section 14-104, RCH, and as otherwise described in article XIV, RCH. The plan is set forth in chapters 12 - 20 of this subtitle.

"Quorum" means a majority of the total authorized number of members to which the commission, board, or any committee of the commission or board is entitled.

"Residence" means that place where an individual's habitation is fixed, wherein the individual intends to remain, and to where, whenever absent, the individual intends to return.

"Resident" means an individual who physically and legally dwells in a fixed place.

"Subdistrict" means a geographical subunit within the neighborhood district. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-103 To obtain information. (a) The public may obtain information as to the matters pertaining to the commission and boards by inquiring during regular business hours at the commission office.

(b) Inquiries may be made in person or by telephone during regular business hours, or by submitting a request for information in writing to the commission office by letter, fax, or e-mail.

(c) The rules and procedures of the commission, the plan, and all commission and board agendas, minutes of meetings, and other public documents are on file and available for public inspection at the commission office, or are otherwise retrievable with assistance from the commission office.

(d) Copies of the agendas, minutes of meetings, and other public documents of the commission and each board are available to the public at a price fixed by law.

(e) Any person that requests to receive notice of the meetings of the commission or a specific board

shall be placed on an appropriate mailing list to be maintained by the commission office. The commission office and boards may periodically update the mailing

з2-11-105

list by inquiring whether those persons on the mailing list wish to continue to receive notices, and may remove from the mailing list any person that does not respond to the inquiry. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-104 Petition for adoption, amendment, or repeal of rules. (a) Any interested person may petition the commission in writing to request the adoption, amendment or repeal of any rule under this subtitle.

(b) The petition shall be filed with the commission through the commission office. It shall include:

(1) The name, address, and telephone number of the petitioner.

(2) A statement of the nature of the petitioner's interest.

(3) A draft or the substance of the proposed rule or amendment or a designation of the provision sought to be repealed.

(4) An explicit statement of the reasons in support of the proposed rule, amendment or repeal.

(c) The commission shall within thirty days after the filing of the petition either deny the petition in writing, stating its reasons for the denial, or initiate proceedings in accordance with chapter 91, HRS, for the adoption, amendment or repeal of the rule, as the case may be. [Eff. _______] (Auth: HRS з91-6; RCH зз4-105(4), 14-102) (Imp: HRS з91-6; RCH зз4-105(4), 14-102)

з2-11-105 Declaratory rulings by the commission. (a) Any interested person may petition the commission in writing for a declaratory order as to the applicability of any statute or ordinance relating to the commission, or of any rule or order of the commission.

з2-11-105

(b) The petition shall be submitted in duplicate to the commission through the commission office. It shall contain:

(1) The name, address and telephone number of the petitioner.

(2) A statement of the nature of petitioner's interest, including reasons for the submission of the petition.

(3) A designation of the specific provision, rules or order in question.

(4) A complete statement of facts.

(5) A statement of the position or contention of the petitioner.

(6) A memorandum of authorities, containing a full discussion of the reasons, including any legal authority, in support of the position or contention.

(d) The commission may for good cause refuse to issue a declaratory ruling. Without limiting the generality of the foregoing, the commission may so refuse where:

(1) The question is speculative or purely hypothetical and does not involve fact, or facts which can reasonably be expected to exist in the near future.

(2) The petitioner's interest is not of the type which would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief.

(3) The issuance of the declaratory ruling may adversely affect the interests of the city, the commission, the boards, or any of their commissioners, members, officers or

employees in any litigation which is pending or may reasonably be expected to arise.

(4) The matter is not within the jurisdiction of the commission.

(e) Where any question of law is involved, the commission may refer the matter to the corporation

з2-11-107

counsel. The commission may also request the assistance of other agencies, where necessary or desirable.

(f) Upon the disposition of the petition, the petitioner shall be promptly informed thereof by the commission through the commission office.

(g) Orders disposing of petitions shall have the same status as other commission orders. Orders shall be applicable only to the fact situation alleged in the petition or set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exist. [Eff. _______] (Auth: HRS з91-8; RCH зз4-105(4), 14-102) (Imp: HRS з91-8; RCH зз4-105(4), 14-102)

з2-11-106 Severability. If any section or provision or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid section or provision or application, and to this end the provisions of this chapter are severable. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-107 Computation of time; reestablishment of deadline dates. (a) Unless otherwise provided by statute or rule, in computing any period of time prescribed or allowed by this chapter or by the plan, the first day of the designated period of time shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in the State, in

which event the period runs until the next day which is not a Saturday, Sunday, or holiday.

(b) If unforeseen conditions or circumstances affect the election process timetable, including weather catastrophe, power outage, computer failure,

з2-11-107

delay in the procurement process, delay in the arrival of election materials, or civil unrest, the commission may reestablish suitable deadline dates for the election process timetable.

(c) For filings with the commission office, if weather catastrophe or other unforeseen conditions or circumstances make the commission office inaccessible or inoperative on the last day of the time period computed as set forth in subsection (a), the period shall run until the next day which is not a Saturday, Sunday, or holiday, and on which the commission office is accessible and operative. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-108 Executive secretary. The executive secretary reports to the managing director, and serves as administrator for the commission and the commission office. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102, 14-105)

з2-11-109 Inquiries to the corporation counsel. All legal inquiries by the commission and the commissioners that are directed to the department of the corporation counsel shall be submitted in writing through the executive secretary, unless otherwise directed by the corporation counsel. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-110 Reimbursable expenses. The commissioners shall be entitled to reimbursement of authorized expenses incurred by them in the performance of their official duties as approved by the executive secretary and as provided by law. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-202

з2-11-111 Transition. (a) This subtitle supersedes the Rules of the Neighborhood Commission adopted December 19, 1974, amended May 12, 1998, and effective June 29, 1998, and the Revised Neighborhood Plan 1986 (1998 edition), as amended. Both sets of rules are expressly repealed upon the effective date of this subtitle.

(b) All proceedings pending before the commission including initiative petitions, other petitions, hearings and investigations not completed by the effective date of this subtitle shall continue in accordance with the rules in effect when the proceedings were initiated. [Eff ] [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

SUBCHAPTER 2

POWERS, DUTIES, AND FUNCTIONS

з2-11-201 General powers, duties, and functions of the commission. (a) The commission shall be responsible for establishing policy and providing oversight evaluation for the neighborhood board system, and shall develop a neighborhood plan and review and evaluate the effectiveness of the plan and neighborhood boards.

(b) The commission shall not be responsible for nor control the administrative affairs or day-to-day operations of the commission office. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-202 Political activity. (a) The commission and its commissioners shall not use the official commission title or membership position to:

(1) Endorse a candidate for elective public office; or

з2-11-202

(2) Engage in any political activity which could reasonably be implied to endorse or support a candidate for elective public office.

(b) The commission may conduct candidate forums.

(c) This section shall not preclude the right of any commissioner, while not engaged in the performance of the commissioner's official duties, (1) to engage in these political activities as a private citizen, or (2) to list the commissioner's position as part of the commissioner's experience if the commissioner is a candidate for elective public office. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-203 Conference of chairs. (a) The commission shall at least biennially assemble a conference of chairs, to include the chair and one vice chair, or their designees, of each board. Not more than two representatives of each board shall attend any conference.

(b) The purpose of the conference includes: (1) evaluation of the administration and operations of the neighborhood board system; (2) evaluation of the plan; and (3) promotion of communication, cooperation, and collaboration among the commission, the commission office and the boards.

(c) The commission may assemble the conference at any time or location. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

SUBCHAPTER 3

RULES OF THE COMMISSION

з2-11-301 Attendance of commissioners. (a) Commissioners shall be expected to attend all meetings of the commission. If a commissioner cannot attend a meeting, the commissioner should promptly notify the

з2-11-302

commission chair or the executive secretary before the meeting.

(b) The absence of any commissioner shall be noted as such and not as excused or unexcused.

(c) The commission shall keep a record of attendance of all commissioners. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-302 Absences and removal recommendation process; resignation. (a) If a commissioner is absent for more than three meetings within a one year period, beginning July 1 and ending June 30, the commission shall notify the commissioner of the absences in writing, sent by both United States registered or certified mail with return receipt requested and first class mail, at the commissioner's last known address.

(b) The notice shall:

(1) Inform the commissioner of the accumulated three absences; and

(2) Inform the commissioner that at its next regular meeting the commission will consider whether to recommend to the appointing authority the removal and replacement of the commissioner based on the absences.

(c) A commissioner who has accumulated three absences and received written notice from the commission shall have the opportunity to appear before the commission at its next regular meeting to explain the circumstances of the absences and request to be retained on the commission. After hearing the matter, the commission may recommend to the appointing authority the removal and replacement of the commissioner.

(d) If the commissioner remains and accumulates an additional three absences within the one year period beginning July 1 and ending June 30, the commission shall again consider recommending removal

з2-11-302

of the commissioner pursuant to subsections (a), (b), and (c).

(e) A commissioner may resign from the seat held at any time and for any reason in writing to the commission chair, executive secretary, and the appointing authority. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-303 Meetings. (a) The commission shall hold a regular meeting on a pre-established day of the month in not less than six of the twelve months within a one year period, beginning July 1 and ending June 30, provided that at no time shall more than two consecutive months elapse between regular meetings.

(b) The commission shall hold an annual meeting in July to elect officers, present an annual review of the neighborhood board system, and consider any other commission business.

(d) All commission meetings shall be open public meetings held within the city on the island of Oahu except for executive meetings as provided in section 2-11-304.

(e) All or any part of a meeting, except an executive meeting, may be recorded by any person in attendance by means of a tape recorder or any other

means of sonic reproduction; provided the recording does not interfere with the conduct of the meeting. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-304 Executive meetings. The commission may hold executive meetings closed to the public in accordance with section 92-4, HRS. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-307

з2-11-305 Meeting notice and agenda. (a) The commission shall give written public notice of any and all regular, special, or anticipated executive meetings. The notice shall state the day, date, time, and place of the meeting, and include an agenda which lists all of the items to be considered. In the case of an anticipated executive meeting, the purpose shall be stated on the agenda.

(b) The meeting notice and agenda shall be prepared by the commission chair or presiding officer and shall be filed with the office of the city clerk and the commission office for public inspection at least six calendar days before the meeting. The notice and agenda shall also be posted at the site of the meeting whenever feasible.

(c) Each commissioner shall be sent a meeting notice and agenda. Commissioners may also request receipt of meeting notices and agendas by fax, e-mail, or other reasonable means. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-306 Priority of business. (a) The commission may designate any matter properly placed on the agenda

to be a special item of business, which may take precedence over other business.

(b) All questions relating to the priority of business to be acted upon by the commission shall be decided without debate. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-307 Meeting minutes. (a) The commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views expressed by the commissioners and participants. The minutes shall include, but need not be limited to:

з2-11-307

(1) The day, date, time, and place of the meeting;

(2) The commissioners recorded as either present or absent;

(3) The time of arrival or departure of any commissioner;

(4) The substance of all matters proposed, discussed, or decided; and a record, by individual commissioner, of any vote taken and any recusal (and related disclosure) made; and

(5) Any other information that any commissioner, during the applicable meeting, requests be included or reflected in the meeting minutes.

(b) The minutes shall be publicly available within thirty calendar days after the meeting, except where disclosure would be inconsistent with chapter 92F, HRS; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but for no longer.

(c) If quorum is not attained to convene a meeting, the commission shall prepare a memorandum for the record of the absence of quorum and the status of the noticed meeting.

(d) The commission may approve or amend the minutes at a subsequent meeting of the commission. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-308 Quorum and majority vote. (a) The presence of a majority of all the commissioners to which the commission is entitled shall constitute a quorum to do business.

(b) The vote of not less than the majority of the entire membership to which the commission is entitled shall be necessary to take any official action, unless otherwise provided by law.

з2-11-309

(d) If a quorum is lost by any commissioner leaving the meeting, the meeting shall be suspended and no business shall be conducted. The meeting shall not resume until a quorum is re-established. If the meeting cannot be resumed within a reasonable period of time, it shall be adjourned.

(e) If no quorum is present for a scheduled meeting or quorum is lost and the meeting is adjourned, the presiding officer may remain and listen to persons and allow the presentation of reports from government agencies, elected officials, or engaged presenters, provided that no other commissioners are present and that the presiding officer first reads aloud a statement advising those persons present that:

(1) Due to lack of quorum, no meeting is being held by the commission and no minutes are being taken;

(2) Presentations are not being received on behalf of the commission and shall not be in the commission's record;

(3) Any communication to the presiding officer shall not be considered public testimony and shall not be in the commission's record; and

(4) Any communication by the presiding officer is not made on behalf of the commission and shall not be on the commission's record. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-309 Voting. (a) Each commissioner shall have a duty to participate in a vote except when the

commissioner is recused or otherwise unable to vote. To participate in a vote on any matter, a commissioner shall be personally present at the meeting when the vote is taken. No proxy shall be allowed.

(b) A commissioner may choose to be recused and not participate in the discussion and vote on any

з2-11-309

matter, provided the reason is disclosed and announced to the commission.

(c) Four voting methods shall be allowed to ascertain the decision of the commission upon any matter: roll call; by show of hands; by voice vote; and by unanimous consent. The commissioners shall vote in the affirmative, negative, or may abstain. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-310 Disclosure. (a) Any commissioner who knows he or she has a personal or private interest, direct or indirect, in any proposal before the commission shall disclose the interest either orally or in writing to the commission. The disclosure shall also be made a matter of public record before the commission takes any action on the proposal.

(b) A commissioner who makes any disclosure shall not be disqualified from participation in the

discussion or vote on the matter. A commissioner may choose to be recused. A recused commissioner shall not participate in the discussion or vote. The recusal shall be recorded in the meeting minutes. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-311 Order and decorum. (a) All commissioners shall promote and preserve the order and decorum of the commission's proceedings.

(b) The presiding officer of the commission or the commission may expel any individual whose conduct at the commission meeting is disruptive, disorderly, contemptuous, or improper for the conduct of business at the commission meeting. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-312 Adjournment. A meeting is adjourned when:

(1) A motion to adjourn is adopted;

з2-11-315

(2) There is no further business on the agenda;

(3) The presiding officer adjourns the meeting due to exigent circumstances that require immediate attention; or

(4) Quorum is lost pursuant to section 2-11-308(d). [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-313 Officers. (a) The officers of the commission shall consist of the chair, one or more vice chairs, and any other officers the commission determines it needs to conduct its business.

(b) All officers shall be elected annually by and from the membership of the commission. The term of an officer shall be for one year, beginning in July and ending the following June, or until the election of a successor.

(c) The usual duties of a secretary and treasurer may be performed by the executive secretary or designee. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-314 Removal of an officer. An officer may be removed from office by the commission, with or without cause, at a meeting of the commission. [Eff ]

(Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-315 Officer vacancy. (a) If the office of chair becomes vacant before the expiration of the term of office, the vice chair shall serve as the temporary presiding officer until a successor is elected to serve the remainder of the term.

(b) If a vacancy in any officer position occurs, the commissioners shall promptly elect a successor to serve the remainder of the term at a meeting of the

з2-11-315

commission. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз 4-105(4), 14-102)

з2-11-316 Duties of officers. (a) The chair shall be the presiding officer of the commission. In the absence or disability of the chair, the vice chair shall act as the presiding officer. If the chair and vice chair(s) are absent or otherwise disabled, the commissioner present with the longest continuous membership with the commission shall convene the meeting and the commission shall elect a chair pro tem to serve temporarily as the presiding officer.

(b) It shall be the duty of the chair to:

(1) Serve as the spokesperson and representative of the commission;

(2) Prepare the agenda;

(3) Review or cause to be reviewed, the draft meeting minutes before distribution to the commissioners and availability to the public;

(4) Open all meetings of the commission at or after the appointed time once quorum is

present by taking the chair and calling the commission to order;

(5) Call for the approval of the minutes as appropriate;

(6) Maintain order and decorum, with the assistance of all commissioners;

(7) Make known any standing or special rule of order when necessary or so requested;

(8) Make known any rule governing the neighborhood board system when necessary or requested;

(9) Announce the business before the commission;

(10) Receive and submit all appropriate matters properly brought before the commission, to call for votes upon the same, and to announce the results;

(11) Receive and promptly present or report all communications to the commission;

з2-11-317

(12) Appoint and remove committee chairs and members, unless otherwise directed by the commission;

(13) Appoint and remove commission delegates, unless otherwise directed by the commission;

(14) Refer matters to committees as appropriate;

(15) Authenticate all acts of the commission as may be required;

(16) Maintain records of the commission's proceedings with the assistance of the commission office; and

(17) Perform any other duties as may be assigned by the commission, as may properly appertain to the office, or as may be required by law.

(1) Assist the chair with conducting meetings and the administration of the commission's activities;

(2) Serve as the presiding officer and perform all duties and exercise all powers of the chair in the absence or disability of the chair;

(3) Ensure accurate minutes of commission meetings are taken;

(4) Assist the chair with the maintenance of records of the commission's proceedings; and

(5) Perform other duties as may be assigned by the commission.

(d) The duties of any other officer shall be as directed by the commission. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-317 Committees. (a) The commission may establish committees.

(b) Committees shall prepare meeting notices, agendas, and minutes, and shall hold meetings at places reasonably accessible to the public. Committee meeting notices and agendas shall be distributed to the commissioners and persons on the mailing list.

з2-11-317

(c) The manner of committee conduct and decision making, whether by consensus, voting, or some other means, may be established by the commission or the specific committee.

(d) Committees shall report to the commission at commission meetings the committee's activities, findings, recommendations, and the means by which any recommendation was determined.

(e) No committee may speak for the commission unless specifically authorized by the commission.

(f) The presiding officer of the committee or the committee may expel any individual who engages in

disruptive, disorderly, contemptuous, or improper conduct at any committee meeting. [Eff ]

(Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-318 Appointment of delegates. (a) The commission may appoint delegates from among its membership to represent the commission as necessary and appropriate to perform its duties.

(b) The commission shall define the scope of representation granted and duties assigned to the delegate. Delegate responsibilities may include, but not be limited to, information gathering, attendance at meetings relevant to commission business, evaluation of matters presented to the commission, and initiation of proposals to the commission.

(d) Delegates shall report to the commission at commission meetings the delegates' activities, findings, proposals, and the means by which any proposal was determined. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-319 Parliamentary authority. The most current edition of Robert's Rules of Order Newly Revised shall be the parliamentary authority of the commission when

з2-11-402

the Hawaii Revised Statutes, the charter, the Revised Ordinances of Honolulu, and this chapter are silent. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

SUBCHAPTER 4

REVIEW OF ACTIONS AND ACTIVITIES

з2-11-401 Request for review. (a) Any person may seek the review of:

(1) Any commission action or activity; or

(2) The official action or activity of any current commissioner;

by written request to the commission within forty-five calendar days after the action or activity.

(b) The commission chair or any duly authorized representative of the commission may, where practicable, seek to resolve with the requester any issue set forth in the request.

(1) Does not seek to resolve the issues in the request; or

(2) Is unable to obtain a voluntary resolution of the issues under review;

the request, and any recommendation for resolving the issues set forth in the request, if any, shall be presented to the commission at a meeting.

(d) The commission may authorize the executive secretary to perform the actions set forth in subsections (b) and (c). [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-11-402 Review process of the commission. (a) The commission shall initiate a review of any request presented pursuant to section 2-11-401. The

з2-11-402

commission may seek any additional relevant information in furtherance of its review.

(b) The commission shall resolve the matter in the best interests of fairness and adherence to law.

(c) If the commission finds that the actions or activities of the commission were inappropriate, the commission may determine appropriate actions for resolving the matter.

(d) If the commission finds that the actions or activities of a commissioner were inappropriate, the commission may provide written notice to the commissioner or the appropriate appointing authority or both. The notice shall set forth:

(1) The actions or activities reviewed by the commission;

(2) The commission's conclusions on the review; and

(3) The appropriate actions recommended by the commission for resolving the matter. [Eff ] (Auth: RCH зз4-105(4), 14-102) (Imp: RCH зз4-105(4), 14-102)

з2-12-102

TITLE 2

OFFICE OF THE MANAGING DIRECTOR

SUBTITLE 2 NEIGHBORHOOD COMMISSION

NEIGHBORHOOD PLAN

OF THE CITY & COUNTY OF HONOLULU

CHAPTER 12 GENERAL PROVISIONS OF THE NEIGHBORHOOD PLAN

з2-12-101 Short title.

з2-12-102 Definitions.

з2-12-103 Severability.

з2-12-104 Inquiries to the corporation counsel.

з2-12-105 No compensation; reimbursable expenses.

з2-12-106 Transition

з2-12-107 Force and effect of law.

з2-12-101 Short title. Chapters 12 to 20 of this subtitle shall be known and may be cited as the "Neighborhood Plan". [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-12-102 Definitions. As used in this plan, unless the context otherwise specifically requires:

"Agency" means any office, department, board, commission or other governmental unit of the federal,

state, city, or other municipal government, or any other legal public governmental entity.

"Ballot" means a written or printed, or partly written and partly printed, paper or card containing

the names of persons to be voted for and the office to be filled. A ballot may be in electronic form.

з2-12-102

"Candidate" means an individual who seeks election to a seat on a board as provided in chapter 17.

"Chief elections officer" means the individual authorized under section 2-17-102 to direct the administration and conduct of all board elections.

"Chief monitoring officer" means the independent person appointed by the commission pursuant to section 2-17-103 to observe the conduct of an election and report the results to the chief elections officer.

"Election" means all board elections, biennial or special, unless otherwise specifically stated.

"Initiative petition" means the document submitted to the commission pursuant to section 2-15-101 for the purpose of establishing a board.

"Invalid ballot" means any ballot which does not meet the requirements for a ballot to be counted.

"Legal resident alien" means any individual who is not a citizen or national of the United States of America, but who is allowed under federal law to reside in the United States and resides in the city.

"Military family member" means an individual who: (1) is a spouse or child of a member of the uniformed forces of the United States of America who is stationed in and resides in the city, and (2) resides in the city even if registered to vote in another jurisdiction.

"Military personnel" means an individual who: (1) is a member of the uniformed forces of the United States of America, and (2) is stationed in and resides in the city even if registered to vote in another state.

"Neighborhood assistant" means an individual employed by the city in the commission office whose duties include providing administrative and recording assistance to the commission and boards, and who is duly authorized to administer oaths.

"Registered voter" means any individual registered to vote in a board election pursuant to section 2-17-202.

з2-12-104

"Replacement ballot" means a ballot issued to a voter who spoils or loses a ballot, or reports no delivery or receipt of a ballot, pursuant to section 2-17-303.

"Spoiled ballot" means a ballot which is marked incorrectly by the voter, is misprinted, is illegibly printed, or contains some other defect.

"Uncontested race" means an election contest in which the number of registered candidates is equal to or less than the number of open seats available.

"Vote cast" means any ballot which is properly returned to the commission, including a ballot that is blank or a ballot that is later rejected or disqualified for any reason.

"Voting system" means the use of electronic ballot cards, paper ballots, or any other system designated by the commission or the chief elections officer by which votes are cast and counted in a board election. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-12-103 Severability. If any provision of this plan or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this plan that can be given effect without the invalid provision or application, and to this end the provisions of this plan are severable. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-12-104 Inquiries to the corporation counsel. All legal inquiries by the boards and for their members that are directed to the department of the corporation counsel shall be submitted in writing through the executive secretary, unless otherwise directed by the

corporation counsel. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-12-105

з2-12-105 No compensation; reimbursable expenses. The members of the boards shall receive no compensation, but shall be entitled to reimbursement of authorized expenses incurred by them in the performance of their official duties as approved by the executive secretary and as provided by law. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-12-106 Transition. (a) All neighborhood board rules approved by the commission in conjunction with the approval of a neighborhood's initiative petition shall be amended, where necessary, by its board to comply with this subtitle.

(b) Except as set forth in subsection (a), the adoption of this plan shall not affect the validity of any neighborhood's initiative petition previously accepted by the commission and those initiative petitions shall remain in full force and effect.

(c) Notwithstanding any other provisions set forth in this subtitle, initiative petitions may be amended by the commission to comply with this subtitle in accordance with chapter 15. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-12-107 Force and effect of law. This plan and any rule adopted in accordance with chapter 20 shall have the force and effect of law. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

TITLE 2

OFFICE OF THE MANAGING DIRECTOR

SUBTITLE 2 NEIGHBORHOOD COMMISSION

NEIGHBORHOOD PLAN

OF THE CITY & COUNTY OF HONOLULU

CHAPTER 14 RULES OF THE NEIGHBORHOOD BOARDS

з2-14-101 Oath of office.

з2-14-102 Board term.

з2-14-103 Transition and initial convening.

з2-14-104 Membership vacancy.

з2-14-105 Attendance of members.

з2-14-106 Absences and removal process; resignation.

з2-14-107 Reporting change of residency.

з2-14-108 Disqualification by relocation.

з2-14-109 Meetings.

з2-14-110 Executive meetings.

з2-14-111 Meeting notice and agenda.

з2-14-112 Priority of business.

з2-14-113 Meeting minutes.

з2-14-114 Quorum and majority vote.

з2-14-115 Voting.

з2-14-116 Disclosure.

з2-14-117 Order and decorum.

з2-14-118 Discussion.

з2-14-119 Adjournment.

з2-14-120 Officers.

з2-14-121 Removal of an officer.

з2-14-122 Officer vacancy.

з2-14-123 Duties of officers.

з2-14-124 Committees.

з2-14-125 Appointment of delegates.

з2-14-126 Parliamentary authority.

з2-14-127 Board prohibited from suspending plan.

з2-14-101

з2-14-101 Oath of office. (a) Before entering upon the duties of office, each member elected or appointed shall subscribe to the following oath or affirmation before a person duly qualified to administer oaths, including neighborhood assistants:

"I solemnly swear (or affirm) that I will faithfully support the Constitution and laws of the United States of America, the Constitution and laws of the State of Hawaii, the charter and laws of the City and County of Honolulu, and the provisions of the neighborhood plan, and will conscientiously and impartially discharge my duties, to the best of my ability, as a member of the neighborhood board to which I have been elected (or appointed)."

(b) Newly elected or appointed members may not assume the duties of office, participate in the election of officers, or otherwise conduct board business until they subscribe to the required oath or affirmation of office.

(c) A member shall be disqualified and the seat vacant if a member fails to subscribe to the required oath of office within thirty days after:

(1) The date the board term begins; or

(2) If filling a vacancy, the date of appointment by the board or the commission. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-102 Board term. (a) The term of office for the members of the boards shall be for a period of two years, from July 1 of an odd numbered year to June 30 of the next successive odd numbered year.

(b) All board members shall serve non-staggered terms of office, and all board seats shall be up for

election at the same time in odd numbered years. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-104

з2-14-103 Transition and initial convening. (a) The re-elected board member who holds the longest continuous tenure on the board shall serve as chair pro tem of the new board and shall be responsible for the preparation and filing of the agenda for the first board meeting, whether regular or special, held on or after July 1 of the new term. The agenda for the first board meeting of the new term shall include the election of officers as the first item of business.

(b) The chair pro tem shall convene the first board meeting of the new term and conduct business until the first election is concluded of an officer who is qualified under this plan to serve as the presiding officer. The chair pro tem shall then pass the gavel to the newly elected presiding officer.

(c) If no newly elected member of the board has previously served on the board, or if two or more board members hold equal lengths of tenure on the board, the chair pro tem shall be decided by lot.

(d) If the board is unable to elect a chair or other presiding officer, no agenda item may be taken out of order except for actions to:

(1) Fill any vacant seat on the board;

(2) Pre-establish a specific day of the month on which the board will hold its regular meetings;

(3) Pre-establish a specific location at which the board will hold its regular meetings; and

(4) Take any budgetary action necessary for the board to continue convening its regular meetings. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-104 Membership vacancy. (a) Any board member vacancy occurring other than by the expiration of a

term of office or by declaration of vacancy pursuant to section 2-17-210 shall be filled by the board as soon as practicable after its occurrence. The remaining members of the board shall appoint a

з2-14-104

successor of requisite qualifications to fill the vacancy for the remainder of the unexpired term.

(b) A vacancy shall be filled at a regular or special meeting of the board.

(c) A majority vote of all the members to which the board is entitled shall be necessary to appoint an individual of requisite qualifications to fill any vacancy.

(d) Before a board meeting to fill a vacancy, each individual seeking appointment to the vacant seat shall provide evidence, satisfactory to the executive secretary or designee, that the individual is duly qualified to fill the vacancy.

(e) If one or more vacancies on a board or the failure of a board to achieve quorum in successive meetings interferes with the ability of a board to conduct its business, the commission may take action to fill any vacancy. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-105 Attendance of members. (a) Members shall be expected to attend all meetings of the board. If a member cannot attend a meeting, the member shall, when possible, promptly notify the chair, the chair designee, or the presiding officer before the meeting.

(b) The absence of any member shall be noted as such and not as excused or unexcused.

з2-14-106 Absences and removal process; resignation. (a) If a board member is absent for three regular board meetings within a one year period, beginning July 1 and ending June 30, the board shall notify the member of the absences in writing sent by both United States registered or certified mail with return receipt requested and first class mail at the member's

з2-14-106

last known address within seven calendar days of the third absence.

(b) The notice shall:

(1) Inform the member of the accumulated three absences; and

(2) Inform the member that at the board's next regular meeting the board will consider whether to remove the member based on the member's absences and declare the seat vacant.

(d) A board member who has accumulated three absences and has received written notice from the board shall have the opportunity to appear before the board to explain the circumstances of the absences and request to be retained on the board. After hearing the matter, the board may declare the seat vacant.

(e) No board shall adopt any policy providing for the automatic removal of a board member based on absences; a board must take specific action to declare a seat vacant.

(f) So long as a board member remains on the board, the board shall continue to formally consider removal of the member pursuant to subsections (a), (b), and (d) whenever the member accumulates an additional three absences not considered previously by the board.

(g) If the board is unable to hold a meeting pursuant to this section due to lack of quorum caused by three successive absences of any board member, the commission may take action to declare the member's seat vacant and fill the vacancy.

(h) A board member may resign from the seat held at any time and for any reason in writing to the board chair and the executive secretary. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-107

з2-14-107 Reporting change of residency. (a) When a board member changes residency during the term to which the board member was elected or appointed, the member shall notify in writing the presiding officer of the respective board and the commission of the new primary residence address within ten calendar days after the change. The board member shall provide the member's actual primary residence address and not a post office box number, mailing service address, or any other address which is not the member's actual primary residence address.

(b) The commission shall verify that the new primary residence address is within the neighborhood district and subdistrict, as applicable, and shall determine whether the member remains qualified to serve in the seat to which elected or appointed.

(d) This section shall not apply to a board member who resigns from the seat pursuant to section 2-14-106(h) before the notification deadline under subsection (a). [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-108 Disqualification by relocation. Upon moving to a new primary residence located outside the neighborhood district or subdistrict, as applicable, to which a board member was elected or appointed, the board member shall be immediately disqualified from membership on that board and the seat deemed vacant. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-109 Meetings. (a) A board shall hold a regular meeting on a pre-established day of the month in not less than nine of the twelve months within a one year period, beginning July 1 and ending June 30, unless otherwise established by the commission,

з2-14-111

provided that at no time shall more than two consecutive months elapse between regular meetings.

(b) The pre-established time and place shall be determined by the board at the initial convening of each term, with consideration given to (1) the board's then established regular meeting time and place, (2) availability of the meeting place, (3) availability of commission office support services, and (4) the meeting schedule of the neighborhood board system as a whole.

(d) All or any part of a meeting, except an executive meeting, may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction; provided the recording does not interfere with the conduct of the meeting. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-110 Executive meetings. A board may hold executive meetings closed to the public in accordance with section 92-4, HRS. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-111 Meeting notice and agenda. (a) A board shall give written public notice of any and all regular, special, or anticipated executive meetings. The notice shall state the day, date, time, and place of the meeting, and include an agenda which lists all of the items to be considered. In the case of an anticipated executive meeting, the purpose shall be stated on the agenda.

(b) The meeting notice and agenda shall be prepared by the chair or presiding officer and shall be filed in the city clerk's office and commission office for public inspection at least six calendar days before the meeting. The notice and agenda shall

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also be posted at the site of the meeting whenever feasible.

(c) If the chair receives a written request from any member of the chair's board to include an item on the agenda, the chair shall:

(1) Include the item on the agenda for the next regular meeting; or

(2) Include the request for inclusion of the item on the agenda for the next regular meeting for the board to decide whether to include the item on the agenda for the following regular meeting;

provided that if the request is not received at least ten days before the next regular meeting, the item or the request shall be included on the agenda for the following meeting.

(d) Once filed with the city clerk, no item shall be added to the agenda for that duly noticed meeting except by a recorded two-thirds vote of all members to which the board is entitled, and provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-112 Priority of business. (a) After the call to order of a regular meeting, the board shall give priority to representatives of the Honolulu Fire Department and the Honolulu Police Department to present their reports to the board and community, and respond to inquiries.

(b) The board may designate any matter properly placed on the agenda to be a special item of business, which may take precedence over other business.

(c) All questions relating to the priority of business to be acted upon by the board shall be decided without debate. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

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з2-14-113 Meeting minutes. (a) A board shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views expressed by the members and participants. The minutes shall include, but need not be limited to:

(1) The day, date, time, and place of the meeting;

(2) The members of the board recorded as either present or absent;

(3) The time of arrival or departure of any member;

(4) The substance of all matters proposed, discussed, or decided; and a record, by individual member, of any vote taken and any recusal (and related disclosure) made; and

(5) Any other information that any member of the board, during the applicable meeting, requests be included or reflected in the meeting minutes.

(b) The minutes shall be publicly available within thirty calendar days after the meeting, except when disclosure would be inconsistent with chapter 92F, HRS; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but for no longer.

(c) If quorum is not attained to convene a meeting, the board shall prepare a memorandum for the record of the absence of quorum and the status of the noticed meeting.

(d) The board may approve or amend and approve

the minutes at a subsequent regular board meeting. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-114 Quorum and majority vote. (a) The presence of a majority of all the members to which the

з2-14-114

board is entitled shall constitute a quorum to do business.

(b) The vote of not less than the majority of the entire membership to which the board is entitled shall be necessary to take any official action, unless otherwise specifically provided by this plan or by law.

(d) If a quorum is lost by any member leaving the meeting, the meeting shall be suspended and no business may be conducted. The meeting shall not resume until a quorum is re-established. If the meeting cannot be resumed within a reasonable period of time, it shall be adjourned.

(e) If no quorum is present for a scheduled meeting or quorum is lost and the meeting is adjourned, the presiding officer may remain and listen to persons and allow the presentation of reports from government agencies, elected officials, or engaged presenters, provided that no other board members are present and that the presiding officer first reads aloud a statement advising those persons present that:

(1) Due to lack of quorum, no meeting is being held by the board and no minutes are being taken;

(2) Presentations are not being received on behalf of the board and shall not be in the board's record;

(3) Any communication to the presiding officer shall not be considered public testimony and shall not be in the board's record; and

(4) Any communication by the presiding officer is not made on behalf of the board and shall not be on the board's record. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-115 Voting. (a) Each board member shall vote on all actions before the board except when the member

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is recused or otherwise unable to vote. To participate in a vote on any matter, a member shall be present at the meeting when the vote is taken. No proxy shall be allowed.

(b) A member may choose to be recused and not participate in the discussion and vote on any matter, provided the reason is disclosed and announced to the board.

(c) Four voting methods shall be allowed to ascertain the decision of the board upon any matter: roll call; by show of hands; by voice vote; and by unanimous consent. The members shall vote in the affirmative, negative, or may abstain. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-116 Disclosure. (a) Any board member who knows he or she has a personal or private interest, direct or indirect, in any proposal before the board shall disclose the interest either orally or in writing to the board. The disclosure shall also be made a matter of public record before the board takes any action on the proposal.

(b) A member who makes any disclosure shall not be disqualified from participation in the discussion or vote on the matter. A member may choose to be recused. A recused member shall not participate in the discussion or vote. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-117 Order and decorum. (a) All board members shall promote and preserve the order and decorum of the board's proceedings.

(b) The presiding officer of the board or a majority of the board may expel any individual whose conduct at the board meeting is disruptive, disorderly, contemptuous, or improper for the conduct of business at the board meeting. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

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з2-14-118 Discussion. When a board member or person properly before the board wishes to speak, the member or person shall address the chair, be recognized before proceeding, and shall confine remarks to the subject under discussion, avoiding personalities and abusive language. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-119 Adjournment. A meeting is adjourned when:

(1) A motion to adjourn is adopted;

(2) There is no further business on the agenda;

(3) The presiding officer adjourns the meeting due to exigent circumstances that require immediate attention; or

(4) Quorum is lost pursuant to section 2-14-114(d). [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-120 Officers. (a) The officers of a board shall consist of the chair, one or more vice chairs, the secretary, the treasurer, and any other officer the board determines it needs to conduct its business.

(b) All officers shall be elected annually by and from the membership of the board in July. Each officer shall be elected at a meeting by a majority vote of the entire membership to which the board is entitled.

(c) The term of an officer shall be for one year, beginning in July and ending the following June, or until the election of a successor. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-121 Removal of an officer. An officer may be removed from office at a meeting of a board by a majority vote of the entire membership to which the board is entitled. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

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з2-14-122 Officer vacancy. (a) If the chair's seat becomes vacant before the expiration of the term of office, the vice chair shall serve as the chair pro tem until a successor is elected to fill the remainder of the term.

(b) If a vacancy in any officer position occurs, the board members shall elect a successor to serve the remainder of the term at a meeting of the board. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-123 Duties of officers. (a) The chair shall be the presiding officer of a board. In the absence or disability of the chair, the vice chair shall act as the presiding officer. If both the chair and vice chair are absent or otherwise disabled, the secretary shall act as the presiding officer. If the chair, vice chair, and secretary are absent or otherwise disabled, the treasurer shall act as the presiding officer or the board may elect a chair pro tem to temporarily serve as the presiding officer.

(b) It shall be the duty of the chair to:

(1) Serve as the spokesperson and representative of the board.

(2) Prepare the agenda.

(3) Review or cause to be reviewed the draft meeting minutes before distribution to the members and availability to the public.

(4) Open all meetings of the board at the appointed time once quorum is present by taking the chair and calling the board to order.

(5) Call for the approval of the minutes of the preceding meeting when a quorum is present.

(6) Maintain order and proper decorum, with the assistance of all board members.

(7) Make known any standing or special rule of order when necessary or so requested.

(8) Make known any rule of the neighborhood board system when necessary or requested.

(9) Announce the business before the board.

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(10) Receive and submit all appropriate matters properly brought before the board, to call for votes upon the same, and to announce the results.

(11) Receive and promptly present or report all communications to the board.

(12) Appoint and remove all committee chairs, unless otherwise directed by the board.

(13) Appoint and remove all board delegates, unless otherwise directed by the board.

(14) Refer matters to committees as appropriate.

(15) Authenticate by signature all advisory actions of the board as may be required.

(16) Appoint a secretary pro tem in the absence of the secretary.

(17) Maintain records of the board's proceedings with the assistance of the commission office.

(18) Perform any other duty as may be assigned by the board, as may properly appertain to the office, or as may be required by law.

(1) Assist the chair with conducting meetings and the administration of the board's activities.

(2) Serve as the presiding officer and perform all duties and exercise all powers of the

chair in the absence or disability of the chair.

(3) Assist the chair with the maintenance of records of the board's proceedings.

(4) Perform other duties as may be assigned by the board.

(d) It shall be the duty of the secretary to:

(1) Assist the chair and vice chair with conducting meetings and the administration of the board's activities.

(2) Serve as the presiding officer and perform all duties and exercise all powers of the chair and vice chair in their absence or disability.

з2-14-124

(3) Ensure accurate minutes of the board meetings are taken.

(4) Assist the chair with the maintenance of records of the board's proceedings.

(5) Perform other duties as may be assigned by the board.

(e) It shall be the duty of the treasurer to:

(1) Assist the chair, vice chair, and secretary with conducting meetings and the administration of the board's activities.

(2) Serve as the presiding officer and perform all duties and exercise all powers of the chair, vice chair, and secretary in their absence or disability.

(3) Assist the chair with the maintenance of records of the board's proceedings.

(4) Perform other duties as may be assigned by the board.

(f) The duties of any other officer shall be as directed by the board. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-124 Committees. (a) The board may establish committees from among its membership and the public without regard to place of residence. The committee chair shall be a member of the board.

(b) Committee responsibilities shall include, but not be limited to, the evaluation of matters presented to the board, information gathering, and initiation of proposals for the consideration of the full board.

(c) The manner of committee conduct and decision making, whether by consensus, voting, or some other means, may be established by the board or the specific committee.

(d) Committees shall report to the board at board meetings the committees' activities, findings, recommendations, and the means by which any recommendation was determined.

з2-14-124

(e) No committee may speak for the board unless specifically authorized by the board.

(f) The presiding officer of the committee or the committee may expel any individual who engages in disruptive, disorderly, contemptuous, or improper conduct at any committee meeting.

(g) Committees shall prepare meeting notices, agendas, and minutes, and shall hold meetings at places reasonably accessible to the public. Committee meeting notices and agendas shall be distributed to the board members and persons on the mailing list. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-125 Appointment of delegates. (a) The board may appoint delegates from among its membership and the public to represent the board as necessary and appropriate to perform its duties.

(b) The board shall define the scope of representation granted and duties assigned to the delegate. Delegate responsibilities may include, but not be limited to, information gathering, attendance at meetings relevant to board business, evaluation of matters presented to the board and initiation of proposals to the board.

(d) Delegates shall report to the board at board meetings the delegates' activities, findings, proposals, and the means by which any proposal was determined. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-126 Parliamentary authority. The most current edition of Robert's Rules of Order Newly Revised shall be the parliamentary authority of all boards when the Hawaii Revised Statutes, the charter, the Revised Ordinances of Honolulu, and the plan are silent. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

з2-14-127

з2-14-127 Board prohibited from suspending plan. No board shall suspend any part of this plan. [Eff ] (Auth: RCH з14-103(a)) (Imp: RCH з14-104)

CHAPTER 11

RULES AND PROCEDURES OF THE NEIGHBORHOOD COMMISSION

SUBCHAPTER 1

GENERAL PROVISIONS

SUBCHAPTER 2

SUBCHAPTER 3

RULES OF THE COMMISSION

SUBCHAPTER 4

REVIEW OF ACTIONS AND ACTIVITIES

OF THE CITY & COUNTY OF HONOLULU

CHAPTER 12

GENERAL PROVISIONS OF THE NEIGHBORHOOD PLAN

OF THE CITY & COUNTY OF HONOLULU

OF THE CITY & COUNTY OF HONOLULU

CHAPTER 14

RULES OF THE NEIGHBORHOOD BOARDS

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OF THE CITY & COUNTY OF HONOLULU

CHAPTER 15

INITIATION AND FORMATION OF NEIGHBORHOODS

OF THE CITY & COUNTY OF HONOLULU

CHAPTER 16

NEIGHBORHOOD GEOGRAPHY



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