LIHU‘E — The Kaua‘i County Council last week voted down a resolution that would have clarified the body’s rules by explicitly giving Chair Bill “Kaipo” Asing the discretion to avoid Rule 15(b) in the case of extenuating circumstances. Rule 15(b)
LIHU‘E — The Kaua‘i County Council last week voted down a resolution that would have clarified the body’s rules by explicitly giving Chair Bill “Kaipo” Asing the discretion to avoid Rule 15(b) in the case of extenuating circumstances.
Rule 15(b) of the Council Rules states: “All communications to be placed on the agenda must be initialed by the council chair and received by the council or the Office of the County Clerk before 4:30 p.m. on the Friday two weeks preceding the day of the regular or committee meeting.”
Concerned citizen Rob Abrew raised the issue at the Aug. 5 meeting after three communications on that meeting’s agenda did not meet the two-Fridays-before threshold. He said Nov. 4 that the rule should not be amended and should instead simply be complied with.
Section 92 of the Hawai‘i Revised Statutes, the state Sunshine Law, requires only that an agenda be posted no less than six calendar days before any public government meeting. County Attorney Al Castillo said Rule 15(b) is merely a guide and only the date the agenda is posted, not the date the clerk receives communications, is important for the Sunshine Law.
Council members agreed that Asing has the power to place items on the agenda regardless of if communications are received in compliance with the rule.
Councilman Tim Bynum, who along with Councilwoman Lani Kawahara led a crusade earlier this year to change council rules to reduce Asing’s control over the agenda-making process, said the chair’s authority should not just be understood but clearly stated in the rules.
“Is there any harm in this rule in making it consistent and clear?” Bynum asked in pushing for a “logical” amendment that would “reinforce” the chair’s discretionary power for time-sensitive items like federal grant applications.
Council Vice Chair Jay Furfaro disagreed, saying the rule is not meant as a limit on the items the council can bring to the floor but is instead designed to outline a “standard operating procedure” for the mayoral administration across the street and that in an “emergency,” the chair still has the power to ignore the rule.
In August 2008, then-Council Chair Furfaro sent a memorandum to then-Mayor Asing — filling in following former Mayor Bryan Baptiste’s death in office — reinforcing the importance of Rule 15(b) for all county departments and agencies requesting that items be placed on the agenda.
“The benefit to be derived by adhering to this council rule is to ensure that subject matters are reviewed for accuracy and to expedite the posting of agendas,” Furfaro wrote in the memo.
Councilman Daryl Kaneshiro agreed last week, voting against the proposed resolution and saying, “ I don’t want to be sending messages like this.”
The resolution failed by a vote of 2-5, with Bynum and Kawahara casting the two votes in favor.
Travel request rule unchanged
Another proposed rule change relating to the powers of the council chair was also killed last week.
A resolution proposed by Kaneshiro at Asing’s request that would put into the council rules the chair’s policy for approving the travel requests of other council members was received by the body two weeks after the resolution, which would have amended Rule 3(a)(10) to require that travelers provide the chair with advanced written requests and justification, itinerary, itemization of estimated expenses and funding source, was deferred.
In recent months, Bynum and Asing butted heads over Asing’s decision to deny a travel request by Bynum to travel to O‘ahu to meet with special counsel to discuss a lawsuit in which the county was a party.
Furfaro said on Oct. 23 he was against Asing’s proposed change because the council should keep its rules — which designate the power to authorize travel requests to the chair — separate from its policies — which can explain how the chair will implement that power.
Furfaro on Nov. 4 said Resolution No. 2009-62 was received with the understanding that the policy will mirror the one employed by the county Finance Department.
Asing said the council has always following the administration’s travel policy.
• Michael Levine, assistant news editor, can be reached at 245-3681 (ext. 252) or mlevine@kauaipubco.com.
