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     Chapter 11, 2008 Neighborhood Plan, is amended to read as follows:

 

[2-11-104  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(3)  A draft or the substance of the proposed rule or amendment or a designation of the provision sought to be repealed.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 91-6; RCH 4-105(4), 14-102) (Imp:  HRS 91-6; RCH 4-105(4), 14-102)

 

 

2-11-10[5]4  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.

(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.

(c)  The commission may reject any petition which does not conform to the foregoing requirements.

(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

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 91-8; RCH 4-105(4), 14-102) (Imp:  HRS 91-8; RCH 4-105(4), 14-102)

 

 

2-11-10[6]5  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 4-105(4), 14-102) (Imp: RCH 4-105(4), 14-102)

 

 

2-11-10[7]6  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,

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

 

 

2-11-10[8]7  Executive secretary.  The executive secretary reports to the managing director, and serves as administrator for the commission and the commission office.  [Eff           ] (Auth: RCH 4-105(4), 14-102) (Imp: RCH 4-105(4), 14-102, 14-105)

 

 

2-11-10[9]8  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 4-105(4), 14-102) (Imp: RCH 4-105(4), 14-102)  

 

 

2-11-1[10]09  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 4-105(4), 14-102) (Imp: RCH 4-105(4), 14-102)  

 

 

2-11-11[1]0  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           ] (Auth: RCH 4-105(4), 14-102) (Imp: RCH 4-105(4), 14-102)


 

     Section 2-14-101, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-101  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] current member of the Neighborhood Commission, the Executive Secretary, a current employee of the Neighborhood Commission Office or a notary public:

"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] shall 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] sixty 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.

(d)  Newly elected members who are unable to take the oath of office within the sixty day time period due to military service or other extraordinary circumstances, may request an extension of time from the Executive Secretary. [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104) 
     Section 2-14-102, 2008 Neighborhood Plan, is amended to read as follows:

 

2-14-102  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.

     (c)  The Neighborhood Commission may extend the term of all Neighborhood Board members by one two-year term. [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 


     Section 2-14-103, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-103  Transition and initial convening.  (a)  The [re-]elected board member who most recently served as an officer on the Board shall serve as the Chair pro tem of the new board, with priority being given to the Chair, then the Vice-Chair, then the Secretary, then the Treasurer.  If no former officers serve on the new board, the member who holds the longest continuous tenure on the board shall serve as chair pro tem [of the new board and].  The Chair pro tem  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 14-103(a)) (Imp: RCH 14-104)

 

 

     Section 2-14-104, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-104  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

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] may 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 14-103(a)) (Imp: RCH 14-104)

 

 


 

     Section 2-14-109, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-109  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,

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.

(c)  A special meeting may be called at any time by the chair or by the board.  The agenda shall be filed with the Neighborhood Commission Office at least seven calendar days prior to the meeting date.

(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 14-103(a)) (Imp: RCH 14-104)

 


     Section 2-14-111, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-111  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] Neighborhood Commission Office at least [six] seven calendar days before the meeting.  The notice and agenda shall

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 14-103(a)) (Imp: RCH 14-104)

 

     Section 2-14-114, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-114  Quorum and majority vote.  (a)  The presence of a majority of all the members to which the

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.

     (c)  A board member who is present at the meeting shall be counted for the purpose of determining quorum.

     [(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 14-103(a)) (Imp: RCH 14-104)

 

 

     Section 2-14-119, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-119  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 14-103(a)) (Imp: RCH 14-104)

 


     Section 2-14-124, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-14-124  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.

(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, and minutes shall be [distributed to the board members and persons on the mailing list] filed with the NCO within thirty days after the Committee meeting..

(h)  The term of a committee member shall begin upon appointment and end the following June or until the appointment of a successor, unless directed to expire earlier by the Board.  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 

 

 


     Section 2-17-202, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-17-202  Voter eligibility and registration.  (a)  Any individual, including military personnel, military family members, and legal resident aliens:

(1)          Whose primary residence is in the neighborhood district and subdistrict, as applicable; and

(2)          Who is at least eighteen years of age by the third Friday in February of the election year;

shall be entitled to register as a voter for the board election.

(b)  An individual officially listed by the city clerk as a registered active voter for the State election in the city as of the third Friday in February of the election year may be declared by the chief elections officer to be registered as a voter for the board election in the neighborhood district and subdistrict the resident is registered in.

(c)  Any other individual qualified to register as a voter for a board election shall register by filing with the commission office a voter registration affidavit on a form provided by the commission office.  The affidavit shall contain an oath or affirmation that the primary residence stated in the affidavit is

the individual's primary residence and all other information provided is true and correct

(d)  The voter registration deadline shall be the third Friday in February of the election year, unless otherwise directed by the commission.  Any affidavit filed in person or delivered other than by United States mail must be received by the commission office by 4:30 p.m. on the voter registration deadline.  When

filed by United States mail, the envelope containing the affidavit shall be postmarked by the voter registration deadline and must be received by the commission office by 4:30 p.m. on the seventh calendar day thereafter to be accepted.

(e)  [No affidavit shall be filed with the commission office by means of facsimile or any other electronic means, unless otherwise authorized by law.] The Commission may specify by what means the voter registration form may be filed with the commission office provided that by mail or in person is always acceptable. 

     (f)  Any affidavit received by the commission office which fails to satisfy these rules shall be disqualified and the affected individual notified.

     (g)  Except where a registered voter changes primary residence and obtains a new ballot for a different primary residence pursuant to section 2-17-203, registration to vote in the election shall be limited to the neighborhood district and subdistrict, as applicable, of the individual's primary residence as of the third Friday in February of the election year.  A voter shall register for each succeeding election, except as otherwise provided by this plan or by law.

(h)  Within thirty calendar days following the voter registration deadline, the commission shall make available for public inspection a general register and listing of voters by neighborhood district and subdistrict, as applicable.  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 


     Section 2-17-208, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-17-208  Candidate withdrawal.  (a)  The withdrawal deadline shall be the tenth calendar day after the candidate registration deadline.  Any candidate may withdraw in writing filed with the commission office by 4:30 p.m. on the withdrawal deadline. 

(b)  If a candidate dies, is incapacitated, is disqualified, or files a withdrawal notice before the withdrawal deadline, the candidate's name shall be excluded from the ballot.

(c)  If a candidate dies, is incapacitated, is disqualified, or files a withdrawal notice after the withdrawal deadline but before the ballots are distributed pursuant to section 2-17-302, the candidate's name shall be excluded or stricken from the ballot, provided that if excluding or striking the candidate's name is not feasible, the commission may instead issue a public notice.

     (d)  If a candidate dies, is incapacitated, is disqualified, or files a withdrawal notice after the ballots are distributed pursuant to section 2-17-302 but before the commission accepts the certified election results pursuant to section 2-17-309, the candidate with the next highest number of votes shall be elected. 

(e)  If a candidate dies, is incapacitated, is disqualified, or files a withdrawal notice or resignation after the commission has accepted the certified election results pursuant to section 2-17-309, the seat shall be declared vacant. [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 




     Section 2-17-209, 2008 Neighborhood Plan, is amended to read as follows:

 

2-17-209  Candidate list.  Before 4:30 p.m. on the seventh calendar day after the candidate withdrawal deadline, a list of all qualified candidates, certified by the chief elections officer, shall be made available for public inspection.  The list shall contain the names of all candidates and the board seat for which each is a candidate. 

 

[(e)  If a candidate dies, is incapacitated, is disqualified, or files a withdrawal notice or resignation after the commission has accepted the certified election results pursuant to section 2-17-309, the seat shall be declared vacant.]  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 


     Section 2-17-309, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-17-309  Certification of election results.  (a)  The chief monitoring officer shall present the ballot tabulation results of the election to the chief elections officer for certification and presentation to the commission.  The certified election results shall include uncontested race results under section 2-17-305.

(b)  The certified election results shall be made public [on] no later than the first business day in June of the election year. [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)  

 


 Chapter 18, 2008 Neighborhood Plan, is amended to read as follows:

 

 

[SUBCHAPTER 1

 

REVIEW OF BOARD ACTIVITY

 

 

2-18-101  Request for review.  (a)  Any person may seek the review of:

(1)  Any board action or activity; or

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

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

(b)  Upon review of the action or activity, the commission chair or any duly authorized representative of the commission may:

(1)  Provide a response to the requester and the applicable board or board member, setting forth the conclusions of the commission chair or the representative on the review;

(2)  Where practicable, mediate a resolution between the requester and the applicable board or board member on any issue under review; or

(3)  Present the request to the commission for the commission's review.

(c)  If the commission chair or the authorized representative provides a response pursuant to subsection (b)(1), any requester, board, or board member subject to the review that is not satisfied with the response may within forty-five calendar days of receiving the response request in writing further review of the matter by the commission pursuant to section 2-18-102.

(d)  The commission chair shall regularly report to the commission on the review requests received, the nature and the disposition of those inquiries, and may make recommendations to the commission.

(e)  The commission may authorize the executive secretary to perform the actions set forth in subsections (b) and (d).  [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 

 

2-18-102  Review process of the commission.  (a)  The commission shall review any request presented to the commission pursuant to section 2-18-101(b)(3) and any request seeking further review pursuant to section 2‑18‑101(c).

(b)  Except as prevented by law, the commission shall initiate a review by its next regular meeting after presentation of the request.  The commission may seek additional relevant information to provide a sufficient basis for the prompt consideration and disposition of any matter.

(c)  The commission shall resolve the matter in the best interests of fairness, adherence to law, and to provide policy and administrative guidance for the neighborhood board system.

     (d)  If the commission finds that the actions or activities of the board or board member were inappropriate, the commission may:

(1)  Recommend appropriate actions or remedies equal in measure or extent to the significance or seriousness of the action or activity; or

(2)  For actions or activities that violate this plan, initiate a sanction hearing pursuant to section 2-18-201.]  [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 

 

[SUBCHAPTER 2]

 

[SANCTIONS] COMPLAINT PROCESS

 

 

2-18-[2]101  [General provisions of the sanction hearing process] Complaints. (a)    [A hearing to consider the imposition of sanctions] Any person, board, board member, the executive secretary or the commission may file a complaint against a board or a current board member for alleged violation(s) of this plan [may be initiated by] as follows:

(1)  The executive secretary, at any time, by written recommendation to the commission;

(2)  The commission, at any time, by adoption of a resolution;

(3)  A board or board member, upon the filing of a complaint with the commission office on a form provided by the commission office within forty-five calendar days after the alleged violation(s); or

(4)  A member of the public, upon the filing of a complaint with the commission office on a form provided by the commission office within forty-five calendar days after the alleged violation(s).

(b)  The commission may, at any time, dismiss any complaint or end any sanctions proceeding for failure to comply with any requirement under this subchapter.

(c)  Within ten calendar days after the receipt of recommendation, adoption of resolution, or filing of the complaint, the commission or its authorized designee, who may be the executive secretary, shall send a copy of the complaint to the respondent.

(d)  Respondent shall file a written response to the allegation(s) with the commission within forty-five calendar days after the date a copy of the complaint was sent to the respondent; provided that the commission or its authorized designee, who may be the executive secretary, may extend the filing deadline if the respondent submits valid reasons for the delay in writing before the filing deadline for the response.

(e)  If the respondent fails to timely file a response, any allegation contained in the recommendation, resolution, or complaint shall be deemed admitted by the respondent.

(f)  After the foregoing provisions have been met, the commission shall set a date for a hearing.

(g)  Within ten calendar days after the hearing date has been set, the commission shall notify in writing the respondent and the complainant, as applicable.  A copy of the applicable recommendation, resolution, or complaint, and the response, if any, shall be included with the notice.

(h)  All mailings to respondents and complainants, as applicable, shall be by registered or certified mail, return receipt requested.

(i)  As used in this chapter:

     "Complainant" means the board, board member, or member of the public who initiates the sanction hearing process.

     "Respondent" means the board or board member, or both, named in the recommendation, resolution, or complaint that initiated the sanction hearing process.  [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 

 

 

2-18-[2]102 [Sanction h] Hearings initiated by the executive secretary or the commission.  (a)  This section shall apply to all hearings initiated in accordance with section [2‑18‑201(a)(1) and (2)] 2-18-101(a)(1).

(b)  Not less than ten calendar days before the hearing date, the respondent shall file with the commission, and the commission shall provide to respondent, a list of witnesses (including addresses), a list of exhibits, and copies of any evidence to be introduced at the hearing to support their respective positions.  Failure to abide by the provisions of this section may result in the exclusion of the witnesses or evidence, or both, at the hearing.

(c)  The [sanctions] hearing shall be conducted by the commission pursuant to HRS Chapter 91 as follows:

(1)  The commission shall initiate the hearing by setting forth the respondent's alleged violations of the plan and the commission's evidence of the violations.

(2)  The commission may seek additional relevant information from the respondent or other persons in furtherance of determining the issue(s) under consideration.

(3)  The respondent shall respond to the allegations and may present any evidence in furtherance of the respondent's case.

(4)  During the presentation of the case by either the commission or the respondent, cross-examination of witnesses shall be permitted.

(5)  The formal rules of evidence shall not apply to the sanction hearing process.

(6)  After the presentation of the case by the respondent, the commission shall deliberate and determine whether to sanction the respondent and, if so, the appropriate sanction equal in measure or extent to the significance or seriousness of the violation(s).

(7)  After due deliberation, the commission may render an oral decision.

(8)  Within [fifteen] forty-five calendar days after the hearing, the commission shall issue its decision in writing. [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 

 

2-18-[2]103  [Sanction h] Hearings initiated by a board, board member, or the public.  (a)  This section shall apply to all hearings initiated in accordance with section [2‑18‑201(a)(3) and (4)] 2-18-101(a)(2) and (3).

(b)  [Any board or person filing a complaint must have a legally protectible and tangible interest adversely affected by the violation(s) alleged in the request] The Commission, at its discretion, may appoint a hearings officer, who may be the executive secretary, to conduct the hearing and make a recommendation to the Commission.

(c)  Not less than ten calendar days before the hearing date, (1) the complainant and the respondent shall file with the commission a list of witnesses (including addresses), a list of exhibits, and copies of any evidence to be introduced at the hearing to support their respective positions and (2) copies of the list of witnesses, list of exhibits, and evidence shall be exchanged between the complainant and the respondent.  Failure to abide by the provisions of this section may result in the exclusion of the witnesses or evidence, or both, at the hearing.

(d)  The [sanctions] hearing shall be conducted pursuant to HRS Chapter 91 and proceed as follows:

(1)  The complainant shall make an opening statement, if desired, stating what the complainant intends to establish.  The respondent may then make an opening statement, if desired, stating what the respondent intends to establish.

(2)  The complainant may proceed with the complainant's case by calling witnesses or submitting any evidence in support of the complainant's case.

(3)  During the presentation of the case by either the complainant or the respondent, cross-examination of witnesses shall be permitted.

(4)  Any document, writing, or object introduced as evidence in support of any party's position must first be examined by the opposing party before being introduced as evidence.

(5)  The formal rules of evidence shall not apply to the [sanction] hearing process.

(6)  After the conclusion of the presentation of the complainant's case, the commission may make a determination whether or not the complainant has submitted sufficient evidence to support the complainant's case.  If so, the respondent may proceed with the respondent's case.  If not, the commission may adjourn into an executive session to determine whether or not to dismiss the complaint.

(7)  After the conclusion of the presentation of the respondent's case, the commission shall deliberate and determine whether to sanction the respondent and, if so, the appropriate sanction equal in measure or extent to the significance or seriousness of the violation(s).  If the Commission finds that the complaint is frivolous, or was filed to embarrass or cause harm to an individual, it may issue sanctions against the complainant.

(8)  After due deliberation, the commission may render an oral decision.

(9)  Within [fifteen] forty-five calendar days after the hearing, the commission shall issue its decision in writing.

(10) If the hearing is conducted by a hearings officer, the hearings officer shall submit a written report and recommendation to the Commission within thirty days after the hearing.

(a)         The hearings officer shall serve the written report and recommendation to complainant and respondent.  It shall presume that such written report and recommendations are received by the parties within three days of mailing.

(b)         Any party who objects to any portion of the hearings officer's written report and recommendation must file and serve written objections to such report and recommendation within fifteen after the date of mailing.

(c)         The Commission shall review the hearings officer's report and recommendation and all objections and shall issue its decision within sixty  days of the date of mailing of the hearing officer's report and recommendation to the parties.  [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 

 

2-18-2104  Sanctions.  (a)  The commission, after conducting a hearing pursuant to this subchapter, may impose sanctions on a board [or], a current board member, or a complainant.

     (b)  Sanctions may be imposed subject to one or more conditions.  Sanctions which may be imposed include but are not limited to:

(1)  Letters of reprimand with instructions for remedial action;

(2)  Removal of a board officer from the board office;

(3)  Suspension of a board member from the board for a period of not more than sixty calendar days, with any board meeting missed during the period of suspension of the board member to be counted as an absence;

(4)  Removal of a board member from the board for the remainder of the member's term of office; and

(5)  Suspension of a board's operations.

     (c)  If a board is suspended, the suspension shall apply to all board activities, unless otherwise specified in the suspension order.  A suspension may be based on, but not limited to:

(1)  Unfilled vacancies on the board;

(2)  Successive failure to attain quorum; and

(3)  Exigent circumstances relating to board conduct.  [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 

 

[2-18-205  Contested case process.  Any party subjected to sanctions after a hearing conducted pursuant to this subchapter who is not satisfied with the commission's determination may apply to the commission for a contested case proceeding pursuant to chapter 91, HRS, within thirty days after the commission issues its written decision.]  [Eff           ] (Auth:  RCH 14-103(a)) (Imp: RCH 14-104)

 


 

     Chapter 20, 2008 Neighborhood Plan, is amended to read as follows:

 

 

2-20-101     Periodic comprehensive review.

2-20-102     Petition for adoption, amendment, or repeal of rules.

2-20-10[2]3  Method of adoption, amendment, or repeal of rules.

2-20-10[3]4  Place of public hearings.

2-20-10[4]5  Effective date of adoption, amendment, or repeal.

 

 

2-20-101  Periodic comprehensive review.  On or before July 31, 2018 and at intervals of not more than ten years thereafter, the commission shall appoint a committee to conduct a review of this plan.  The committee shall consist of members of the commission, members of the boards, and the executive secretary.  The committee shall comprehensively study, review, and evaluate the plan, solicit public comments thereon, and report the committee's activities and findings to the commission and recommend any amendment necessary to improve the plan and to promote the efficient and effective conduct of the duties and business of the neighborhood board system.  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

2-20-102 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 91-6; RCH 4-105(4), 14-102) (Imp:  HRS 91-6; RCH 4-105(4), 14-102)

 

 

 

2-20-10[2]3  Method of adoption, amendment, or repeal of rules.  (a)  Before the adoption, amendment, or repeal of any rule of this plan, at least two public hearing shall be held by the commission. 

(b)  At least thirty calendar days notice shall be given before the date of each hearing.  The notice shall include: 

(1)         A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved;

(2)         A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;

(3)         A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person; and

(4)         The date, time, and place where the public meeting will be held and where interested persons may be heard thereon.

(c)  Each notice shall be distributed to all persons who have made a timely request of the commission for advance notice of its rulemaking proceedings.  The notice for each hearing shall be published at least once in a newspaper of general circulation in the city, and reasonable efforts made to use other media to inform the public.

(d)  All interested persons and agencies shall be afforded an opportunity to submit testimony and information (data, views, or arguments) orally or in writing.  The commission shall accept written testimony up to and including the tenth calendar day after the close of the final public hearing.  The commission shall fully consider all timely received

written and oral submissions before taking any formal action.

(e)  The commission shall announce at the final public hearing the date it intends to make its decision.  Upon the adoption, amendment, or repeal of any rule under the plan, the commission shall issue a concise statement of the principal reasons for its decision.  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 

2-20-10[3]4  Place of public hearings.  Public hearings shall be held as appropriate at public facilities, in the community at large, or in the specific neighborhood area affected by a proposed action.  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 

2-20-10[4]5  Effective date of adoption, amendment, or repeal.  (a)  Subject to the approval of the mayor, any adoption, amendment, or repeal of any rule under the plan approved by the commission shall become effective upon the date and under the conditions specified in the resolution of approval and in compliance with chapter 91, HRS, or as otherwise provided by law.

(b)  Upon approval by the mayor, the commission shall file certified copies of the newly adopted, amended, or repealed rule with the city clerk.  Each part adopted, amended, or repealed shall become effective ten calendar days after filing with the city clerk, unless otherwise specified.   

(c)  A permanent register of the rules, open to public inspection, are kept by the commission office and the city clerk.  [Eff           ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 

Last Reviewed: Wednesday, October 19, 2011