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2012 Amendments to the Neighborhood Plan

  2012 Amendments (signed)    

NEIGHBORHOOD COMMISSION

CITY AND COUNTY OF HONOLULU

 

Amendments to Chapters 2-11, 2-13 and 2-14

2008 Neighborhood Plan

 

October 31, 2012

 

 

 

SUMMARY

 

1.              2-11-103(a) is amended.

 

2.              2-13-108 is amended.

 

3.              2-14-106 and 2-14-107 are amended.

 

4.              2-14-108 is repealed.

 

5.              2-14-109 is amended.

 


2-11-303  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.

(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.

(c)  A special meeting may be called at any time by the commission chair or by the commission.

(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. 10/20/08; am                ] (Auth: RCH 4‑105(4), 14-102) (Imp: RCH 4-105(4), 14-102)

 


2-13-108  Membership.  (a)  A member of the board shall be a resident, including military personnel, military family members, and legal resident aliens:

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

(2)  Who is at least eighteen years of age; and

(3)  Who is duly elected by vote of the respective neighborhood district or subdistrict, as applicable, or appointed by vote of the respective board to fill a vacancy, in accordance with this plan and all other applicable laws.

(b)  The city residence of any military personnel and any military family member shall serve as the primary residence for purposes of membership requirements under this section.

(c)  Except as set forth in section 2-13-109, no officer or employee of any branch or agency of the federal, state, or city government shall be precluded from membership on a board.

(d)  No term limits shall apply to board members.

(e)  Upon the death of a board member, the executive secretary shall declare the member's seat vacant.  The vacancy shall become effective upon the mailing of a letter to the presiding officer of the board at which time the vacancy can be included on the board agenda as provided by section 2-14-104.  [Eff 10/20/08; am                ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 


2-14-106  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 executive secretary shall notify the member of the absences in writing sent by United States registered or certified mail with return receipt requested and first class mail at the member's last known address not less than seven calendar days prior to the regular board meeting that is held immediately after the board member's 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.

(c)  A board member who has accumulated three absences and has received written notice from the executive secretary 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.

(d)  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.

(e)  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 (c) whenever the member accumulates an additional two absences during the one year period set forth in subsection (a) which were not considered previously by the board.

(f)  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.

(g)  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 10/20/08; am
               
] (Auth: RCH 14-103(a)) (Imp: RCH 14‑104)


2-14-107  Reporting change of residency and determination of eligibility.  (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 executive secretary 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 executive secretary 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.

(c)  The new primary residence address of a board member may be a public record to the extent allowed by law.

     (d)  This section shall not apply to a board member who resigns from the seat pursuant to section 2-14-106(g) before the notification deadline under subsection (a).

     (e)  If the executive secretary determines that the member is not eligible to continue serving under the residency requirements in section 2-13-108, a certified letter shall be sent to the member and the presiding officer of the board.  The effective date of disqualification shall be the date the return receipt is received by the executive secretary indicating the member received it or seven days after the date the letter is mailed; whichever is first.  [Eff 10/20/08; am                ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 


2-14-108  REPEALED.  [Eff 10/20/08; R               ]

 

 

 


2-14-109  Meetings.  (a)  Unless otherwise established by the commission 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, provided that at no time shall more than two consecutive months elapse between regular meetings.

     (b)  A regular meeting date may be rescheduled by the presiding officer if the meeting place becomes unexpectedly unavailable or if unexpected conditions arise.

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

     (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: 10/20/08; am 2/15/11; am                ] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

 


NEIGHBORHOOD COMMISSION

CITY AND COUNTY OF HONOLULU

 

     Amendments to chapters 2-11, 2-13 and 2-14, 2008 Neighborhood Plan, were adopted on October 10, 2012 following public hearings on August 25, 2012, and after public notice was given in the Honolulu Star‑Advertiser on July 24, 2012.

 

     These amendments shall take effect ten days after filing with the Office of the City Clerk.

 

 

                   ______________________________

SYLVIA YOUNG

Chair

Neighborhood Commission

 

 

                   ______________________________

J. THOMAS HEINRICH

Executive Secretary

Neighborhood Commission Office

 

 

                   ______________________________

PETER B. CARLISLE

Mayor

City and County of Honolulu

 

 

Date: ________________________

 

Filed: _______________________

 

 

                   ______________________________

BERNICE K. N. MAU, City Clerk

 

APPROVED AS TO FORM:

 

 

 

Deputy Corporation Counsel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Reviewed: Tuesday, January 08, 2013