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http://www.honolulu.gov/nco/nb31/08/31200801CommMin.pdf
DRAFT COMMITTEE OF THE WHOLE MEETING MINUTES
THURSDAY, JANUARY 10, 2007
The Committee of the Whole meeting was called to order with a quorum of 12 members at 7:10 p.m .by Vice-Chair
Prentiss.
MEMBERS PRESENT: Best, Brooks, Bratt, Bryant-Hunter (7:30 p.m.), Chinen, Corcoran, Glanstein, Lindgard,
Prentiss, Tomasa, Ure, Weinberg and Wong.
MEMBERS ABSENT: Brown, Correa, Dowsett, Enos, Harding, Porter.
MODES OF COMMUNICATION -- include Members of the Public, Government Agencies, Community
Organizations, Other Kailua Neighborhood Board Members, as well as Other-Than-Kailua Neighborhood Board
Members and this focuses first on the minutes of the board.
• The Neighborhood Commission Office has failed to produce a complete set of minutes, available to the
public, either by postal mail or by web page posting, since September, 2007 for the Kailua Neighborhood
Board No. 31. The HRS Ch.92, the “Sunshine Law” requires minutes of Boards to be available to the
public within 30 days.
• Neighborhood Plan (brown book) requires the Board Secretary to keep an accurate journal of the
proceeding, not produce the minutes.
• Productions of the minutes are the responsibility of the Neighborhood Commission Office. The Executive
Secretary of the Neighborhood Commission Office has a paid staff, known as neighborhood assistants
(NA), which are tasked with the production of minutes.
• September 6, 2007 has 9 minutes missing in presentation and discussion from the draft minutes that were
produced for the public.
• It appears the Neighborhood Assistant’s recording of September 6, 2007 has been destroyed and therefore
the Board Secretary will attempt to recover the 9 minutes segment from the KNB Board Secretary’s digital
recording of the meeting.
• October 4, 2007 has not been completed.
• One hour of the October 4 meeting occurred after the Neighborhood Assistant left the meeting. The KNB
Board Secretary was tasked to complete those meeting minutes to be added to the Neighborhood
Assistant’s draft of the same meeting. The Draft from the NA/NCO was not completed as of today.
• November 1, 2007 has not been completed by the NA/NCO.
• November 1 has not been released to the public by the NCO. December 6, 2007 draft has not been
received by the Kailua Neighborhood Board No 31.
• The December 6, 2007 draft minutes have not been prepared by the NCO, or its staff.
• The Board Secretary has sent the Board Chair, and all committee chairs the motions and the tally of votes
for October, November and December so that time sensitive letters could be prepared by the KNB 31.
• Chair Bryant-Hunter has been in discussion with the Neighborhood Commission Office to have production
of the minutes however, those discussion have not caused the minutes to be produced in a timely manner
according HRS Ch.92 (Sunshine Law).
• The Neighborhood Commission has, since September, 2007, by retirement or resignation, reduced its staff
of Neighborhood Assistants by 3 persons. Reassignment of remaining Neighborhood Assistants has not
caused the timely production of minutes. Retaliation must not under any circumstances, be taken on the
Neighborhood Assistants for the failure of the Neighborhood Commission Office to comply with the timely
production of minutes. Further, with the holidays of Thanksgiving, Christmas and New Year’s, along with
duties as otherwise assigned by the Executive Director, the minutes for
currently being caught up, but the requirement to produce minutes within 30 days has not occurred.
• Prior complaints on non-timely production of minutes for neighborhood boards has risen to the level of
formal complaints in the past, however, the Executive Secretary of the Neighborhood Commission Office
does not accept these complaints for the Neighborhood Commission, rather the Executive Secretary of the
Neighborhood Commission Office has directed that such complaints be addressed to the Mayor, Managing
Director and the Executive Secretary of the Neighborhood Commission Office.
• The Board may, as may any individual, make a formal complaint to the Office of Information Practices as
this is a Sunshine Law violation.
• It was suggested that the Chair of the Kailua Board should follow through to have minutes produced for the
board.
Wong moved, Bratt (and others) seconded, that the Kailua Neighborhood Board 31 write a letter to the Grant
Tanimoto, Chair of the Neighborhood Commission, Mayor Hannemann, the Wayne Hashiro Managing
Director of the City and
Commission Office in formal complaint for non-receipt a complete set of minutes since August 2007 for the
Kailua Neighborhood Board No 31 September, October, November and December 2007 with a copy to the
State of
and inquire of OIP as to how the Kailua Neighborhood Board shall proceed. The motion was adopted 12-0-
0. Aye: Best, Brooks, Bratt, Chinen, Corcoran, Glanstein, Lindgard, Prentiss, Tomasa, Ure, Weinberg, and Wong.
Discussion and disposition continued: Despite a number of the Neighborhood Boards being in recess for the month
of December and fewer board meetings for the neighborhood assistants to cover and produce minutes for, a
sample of the tardiness of minutes production in the Neighborhood Commission Office will be included the letter
transmitting the motion and inserted in these minutes.
.. Late: Mililani/Waipio/Melemanu # 25 November 28, 2007 web posted January 17, 2008
.. Late:
.. Late:
.. Late: Kalihi-Palama # 14 November 21 web posted January 10, 2008
.. Late: Kaimuki # 4 November 21, 2007 web posted January 10, 2008
.. Late: Mililani Mauka/Launani Valley # 35 November 20, 2007 web posted January 10, 2008.
.. Late:
.. Late: Waialae-Kahala # 7 meeting November 16, 2007 web posted January 11, 2008.
.. Late: Makiki/Lower Punchbowl/Tantalus # 10 meeting November 15, 2007 web posted January 11,
2008.
.. Late:
.. Late:
.. Late:
.. Late: Aliamanu/Salt Lake/Foster Village # 18 November 8, 2007 web posted January 4, 2008.
.. Late: Koolauloa # 28 November 8, 2007 web posted January 4, 2008
.. Late:
.. Late: Liliha/Puunui/Alewa/Kamehameha Heights # 14 November 19, 2007 web posted January 8,
2008.
.. Late: Waianae # 24 November 6, 2007 web posted December 24, 2007
.. Late:
.. Late:
.. Late: Kuliuou-Kalani Iki # 2 December 6, 2007 not yet posted
.. Late: Waialae Kahala # 7 November 16, 2007 web posted January 11, 2008
.. Late: Kaimuki #4 November 21, 2007 web posted January 10, 2008
.. Late: Diamond Head November 8, 2007 web posted January 4, 2008
.. Late: Palolo # 6 December 12, 2007, not posted yet
.. Late: Manoa # 7 December 5, 2007 not posted yet
.. Late: McCully – Moiliili # 8 December 6, 2007 not posted yet
.. Late:
.. Late: Makiki / Lower Punchbowl Tantalus # 10 November 15, 2007 web posted January 11, 2008
.. Late:
.. Late: Nuuanu # 12 November 20, 2007 web posted January 9 2008
.. Late: Liliha / Puunui / Alewa /
8, 2008
.. Late Kalihi-Palama # 15 November 21, 2007 web posted January 10, 2008
.. Late:
.. Late:
.. Late:
.. Late:
.. Late: Waianae # 24 November 6, 2007 web posted December 24, 2007
.. Late: Waianae # 24 August 7, 2007 web posted September 26, 2007
.. Late
.. Late:
.. Late
.. Late
.. Late:
.. Late: Koolauloa # November 8, 2007 web posted January 4, 2008
.. Late: Koolauloa @ 8 June 14, 2007 web posted August 2, 2007
.. Late: Kahalu # 29 November 14, 2007 web posted January 3, 2008
.. Late: Kahalu # 29 June 13, 2007 web posted August 1, 2007
.. Late:
.. Late:
.. Late:
.. Late:
.. Late:
.. Late Waimanalo # 32 November 13, 2007 not posted yet
.. Late: Makakilo / Kapolei / Honokai Hale # 34 December 5, 2007 web posted January 17, 2008
.. Late: Mililani Mauka /
.. Late Mililani Mauka /
Bryant-Hunter arrived, 13 members present.
Without objection, the agenda was taken out of order to REVIEW OF DRAFT DOCUMENTS: Inquiries, Information,
Position Statements, et al. – use of letterhead and discussed along with Modes of Communication with members of
the public as relates to an information distribution to an impacted area of
Services Committee on an issue not previously noticed to that impacted area of residents. During the lively
discussion the it was noted that attribution from the Committee was absent from the informational packet that
contained board member contact, previous action by the board on the issue, and the lack of government agencies
to inform the impacted public so that they participate in the process. It issue had been directed by Board Chair with
objection by the Government and Community Services Committee to the Transportation and Public Works
Committee. The Chair of the TPW Committee stated a vote in that committee was to not inform the impacted area.
A possible motion to disallow committees to use Board letterhead was discussed without the Committee of the
Whole being able to clearly define the circumstances in which Board letterhead could, and could not, be used by a
committee of the board to request information, inform the public, and respond to government agencies and NGOs
with acknowledgements, or thanks, for information, presentations and responses. While it is cautioned that when a
board member, committee member, is unsure, contact the Board Chair, and in the absence of Board Chair, the
Vice-Chair and, or, the Board Secretary before use of Board letterhead. It was clearly defined that the Board and
its committees may use letterhead to transmit board positions and motions.
Without objection, the agenda was returned to MODES OF COMMUNICATION followed with electronic
communication and board members were cautioned to use electronic communication with board members, NGOs
and government agencies “for your information” purposes, board positions and transmittal of motions without
soliciting positions of board members outside of a public (“sunshine”) meeting. It was noted to make three
corrections to the NB member contact list before it was distributed at the next regular meeting.
PUBLIC NOTICE REQUIREMENTS must be understood by board members to not address an issue if the board or
a committee has not placed it on their agenda or placed it in new business. The public must have the opportunity
to address an issue that has been publicly noticed on the official agenda. Agendas must be filed six (6) days prior
to the meeting in question.
“CALL FOR THE QUESTION” – its Purpose and its Relationship to the Main Motion was addressed with a
handout from Roberts Rules of Order (Newly Revised) and it was again noted that Call for the Question required a
vote before of the membership and ends debate by board members, not the public and then and only then the
motion on which the Call for the Question was raised can be voted by the membership following public’s input. See
attachment.
BOARD MEMBERS’ POWERS, DUTIES & FUNCTIONS -- Limitations on Actions of the Presiding Officer --
was addressed with a handout that provided the rational why the Presiding Officer must relinquish the gavel until
the vote is completed on the issue at hand. See attachment. Active Involvement of Vice-Chairs -- was not
discussed for lack of time. Designated Representatives (e.g. 10 X 10 Group) -- was cautioned as matters before
the 10X10 group, in all likelihood may come before the board and that reporting back to the board as an observer is
appropriate, while deliberating in the decision making of the 10x10 group is not appropriate as a board member.
Individual Capacity Testimony -- it was stressed that individuals, even when they may be a board members, still
retain the right to testify on issues at other government agencies as individuals; while it is inappropriate to testify on
any board position without the express permission of the Board Chair, which can be obtained, when appropriate,
from the Board Chair.
COMMITTEE MINUTES – Importance, Required, Likelihood –while it is required to keep minutes of a committee,
the lack of resources to produce those minutes, the minutes are available upon request from committee chairs. It
was noted that as the motions from a committee appear on the Board agenda, the likelihood of the public being
informed remains intact and is afforded the ability to give input at the full Board meeting.
BUDGET ISSUES -- although a Committee of Chairs is to be called by the NCO it is especially noted that the NBs
have not been involved (nor has the NC) in the preparation of the NBSystem budget.
MEETINGS -- Typical Meetings -- Configuration of the Meeting Room (Lectern) -- unable to have board members
appear earlier to set up the room, and the Board Chair’s reluctance to use a lectern and stand for the entire
meeting, the modest rearrangement of the Board tables can assist in the audience having better audio. It was
discussed whether or not to move from the Multi-purpose room to the class room behind the gym and unable to
secure an affirmative vote the motion was dropped. There will be no meeting room change. Mayor’s Town
Meeting -- the board members were not interested in pursuing a mayor’s town meeting at this time. Special
Meetings -- the board will continue to have special meeting from time to time to address specific issues to gain
further public input.
Member Glanstein left the meeting at 8:40 p.m., 12 members present.
NEWSLETTERS-SURVEYS -- the membership would like to have a newsletter, however, the time requirements
from each board member makes this unlikely to happen at this time.
There being no further business of the Committee of the Whole, the meeting was adjourned, without objection, at
8:50 p.m.
Submitted February 6, 2008
by Board Secretary, Linda C. Ure
Rule Against the Chair’s Participation in Debate
If the presiding officer is a member of the society, he has- as an individual- the same
rights in debate as any other member; but the impartiality required of the chair in an assembly
precludes his exercising those rights while he is presiding. Normally, especially in a large body,
he should have nothing to say on the merits of the pending question. On certain occasions- which
should be extremely rare- the presiding officer may believe that a crucial factor relating to such a
question has been overlooked and that his obligation as a member to call attention to the point
outweighs his duty to preside at that time. To participate in debate, he must relinquish the chair;
and in such a case he should turn the chair over:
(a) to the vice-president;
(b) to the ranking vice-president present who has not spoken on the question and does not
decline on the grounds of wishing to speak on it; or
(c) If no such vice-president is in the room, to some other member qualified as in (b), whom
the chair designates (and who is assumed to receive the assembly’s approval by
unanimous consent unless member(s) then nominate other person(s), in which case the
presiding officer’s choice is also treated as a nominee and the matter is decided by vote).
The presiding officer who relinquished the chair then should not return to it until the pending
main motion has been disposed of, since he has shown himself to be a partisan as far as that
particular matter is concerned. Indeed, unless a presiding officer is extremely sparing in leaving
the chair to take part in debate, he may destroy members’ confidence in the impartiality of his
approach to the task of presiding.
Robert’s Rules of Order Newly Revised, 10th edition; pp.382-383.