RAPOZO RESPONDS; HOOSER ANSWERS RESPONSE

(PNN) Kaua`i County Council Chair-elect Mel Rapozo has written a response to the yesterday's PNN news article yesterday on his changes to the proposed Kaua`i County Council rules and Councilmember Gary Hooser has answered his response basically supporting the veracity of our news story (posted below).


PNN stands by everything in the article. It is absolutely factual, unlike many of the prevarications and fabrications from Mr Rapozo below . Mr Rapozo, in fact makes many misstatements and uses half truths to disguise his apparent motives.


In answer to part of Mr Rapozo's response (posted below a summery of Rapozo's response and Hooser's answers), starting off the new term with rule revisions that consolidate the power of the chair by making participation by the public and in fact other councilmembers discretionary on the chair's part in the name of "efficiency" would not seem to be the way to create "an environment that fosters fairness"or "a positive start to the new Council term." But Mr Rapozo has a long history of disingenuity so why should his first day as chair be any different.


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Here is Rapozo's "answers" and Hooser's response to them:


Mel says:


Reducing public testimony from 6 minutes to 3 minutes. Simply not true. Here is the new rule:
Rule 11(c)(6) Oral testimony shall be limited to three (3) minutes per person. The Chair shall have the prerogative to set the order of speakers, speaking for or against any proposition, and may notify the speaker of the expiration of speaking time 30 seconds before such expiration. The Chair may allow an additional three (3) minutes to provide further testimony after all persons have had an opportunity to speak.


This rule simply allows for a 2nd opportunity to speak after everyone has spoken. Currently, the public has 6 minutes up front, forcing people to have to wait to speak. If 10 people are signed up to speak, the 10th speaker has to wait 54 minutes (or longer depending on questions from councilmembers) to speak. With the new rule, the wait time will be much shorter. This rule is for the benefit of the public, not the Chair or councilmembers.


NOT TRUE: The old (existing) rule states:12E, 4F&G says: F) Person has 3 minutes to speak G) Person has a second time to speak for an additional 3 minutes, plus at the Chairs discretion an additional 4 minutes.


Summary of Rule differences
****Existing old rules- A total of 6 minutes is guaranteed plus a possible 4 more at Chair discretion ****Proposed new rules - A total of 3 minutes is guaranteed plus a possible 3 more at the Chairs discretion


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Mel says: Rule 9(c) Placement on Agenda. All bills and resolutions must be initialed by the Council Chair or, in the Chair’s absence, the Vice Chair (or other designated chair as stated in Rule No. 3) in order to be placed on the agenda.


The existing rule was introduced by Chair Furfaro and changed the practice of the Council after many years. The current rule requires placement of all bills and resolutions, regardless of its legality, on the agenda within 120 days. This is not practical as all bills and resolutions require legal review. If a bill or resolution is deemed illegal, it should not be placed on the agenda. This rule change is not intended to "scuttle" proposed legislation, but rather to ensure that all bills and resolutions are legally sufficient. This is a standard process for all legislative branches.


THE TRUTH: This Rule means the Council Chair can "scuttle" ANY proposal whatsoever both legal and illegal. If legality were the issue the Rule could be amended so that it is no more than 120 days and must have gone through a legal review. CM's can vote anything down on first reading if they suspect the item is legally insufficient but at least there is a public discussion. Often times "legal sufficiency" is a matter of degree and interpretation. This Rule leaves 100% of the interpretation up to the Chair.


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Mel says: The removal of the section that allows the public to testify for 3 minutes on any item on the agenda at the beginning of the meeting.


What Mr. Parx fails to mention is that the current rule only allocates 18 minutes for this portion of the meeting. This creates an issue of unfairness because only 6 members of the public are entitled to this right. The Council, by a vote of 5 members, can suspend the rules to address special circumstances as they arise.


THE TRUTH: The old/existing Rule provides a positive way for people to testify early in the process without having to wait all day long for a specific agenda item to come up. If needed then this rule could be expanded to allow as much time as is needed so it remains fair.


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What also is not addressed is:


The new Rules require Committee Chairs to have approval of the Chair prior to holding a "Workshop" (primarily educational in nature), plus the new Rule says workshops can only be held on items that are on the agenda (also controlled by the Chair).
The old existing Rules include no such restrictions and past practice is that Committee Chairs may schedule workshops on any topic within their subject matter jurisdiction without needed the Council Chairs approval.


Gary Hooser
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Here, in full, is Mr Rapozo's response as sent to many people via email today:


Thank you for your email. I appreciate your input but feel that I have to clarify some of the misstatements made by Andy Parx. I don't know the motive but his actions clearly do not encourage a positive start to the new Council term. I have broken down each of Andy's concerns below.


Reducing public testimony from 6 minutes to 3 minutes. Simply not true. Here is the new rule: Rule 11(c)(6) Oral testimony shall be limited to three (3) minutes per person. The Chair shall have the prerogative to set the order of speakers, speaking for or against any proposition, and may notify the speaker of the expiration of speaking time 30 seconds before such expiration. The Chair may allow an additional three (3) minutes to provide further testimony after all persons have had an opportunity to speak.


This rule simply allows for a 2nd opportunity to speak after everyone has spoken. Currently, the public has 6 minutes up front, forcing people to have to wait to speak. If 10 people are signed up to speak, the 10th speaker has to wait 54 minutes (or longer depending on questions from councilmembers) to speak. With the new rule, the wait time will be much shorter. This rule is for the benefit of the public, not the Chair or councilmembers.


Removal of the 120 day provision as it relates to the posting of bills and resolutions on the agenda. Here is the new rule:


Rule 9(c) Placement on Agenda. All bills and resolutions must be initialed by the Council Chair or, in the Chair’s absence, the Vice Chair (or other designated chair as stated in Rule No. 3) in order to be placed on the agenda.


The existing rule was introduced by Chair Furfaro and changed the practice of the Council after many years. The current rule requires placement of all bills and resolutions, regardless of its legality, on the agenda within 120 days. This is not practical as all bills and resolutions require legal review. If a bill or resolution is deemed illegal, it should not be placed on the agenda. This rule change is not intended to "scuttle" proposed legislation, but rather to ensure that all bills and resolutions are legally sufficient. This is a standard process for all legislative branches.


A new section "Public Testimony" was created to give the Chair the authority to restrict testimony by the public. Here is the new rule:


Rule 11(c)(9) The Chair may restrict or terminate a speaker’s right to the floor for intemperate or abusive behavior or language.


This is not a new rule. Currently, rules for public testimony are housed in Rule 12, Public Hearings. This is a housekeeping measure as we are now placing the rules for public testimony in a new section, Rule 11, Testimony. Rules for public testimony should apply to all testimony, not just limited to public hearings. Again, this is a housekeeping measure. The new Rule 11(c)(9) is the former Rule 12(e)(4)(J). Intemperate or abusive behavior or language has no place at any Council or Committee meeting. I'm not sure why Mr. Parx would have a problem with this.


The removal of the section that allows the public to testify for 3 minutes on any item on the agenda at the beginning of the meeting.


What Mr. Parx fails to mention is that the current rule only allocates 18 minutes for this portion of the meeting. This creates an issue of unfairness because only 6 members of the public are entitled to this
right. The Council, by a vote of 5 members, can suspend the rules to address special circumstances as they arise. If the Council, not the Chair, determines that the rules need to be suspended to address specific and unforeseen circumstances, I have no problem with that. The public will be given every opportunity to participate in the process. That is my commitment.


I hope that I have clarified the misstatements by Andy Parx, which sets out to create unnecessary controversy and divisiveness to the Council and the community. My goal as the Chair is to bring efficiency to the Council. To create an environment that fosters fairness and consistency to the public and councilmembers. I have served for 10 years on the Council, and believe that these rules will best serve everyone. There is no attempt to reduce public participation, in fact quite the opposite. I hope to restore order and decorum to our meetings which will result in better legislation and a much more efficient office. Also, these rules will require a majority vote of the new Council. This is a proposal, and each member will be able to offer amendments at tomorrow's meeting. I see that Councilmember Hooser has chosen to share Mr. Parx's post on Facebook, creating a perception of unfairness on my part. That is his choice. I am troubled by this as I had hoped to start the new term with a true sense of teamwork. At the end of the day, the Council sets the direction for the organization. Not the Chair. And I am committed to moving forward as a team in the hopes that we can serve the people in their best interest.


Again, thank you for your email. I am always available to discuss your
concerns and can be reached via email or by cell phone at 645-0243. Have
a great day.


Mel Rapozo
Council Member
Kauai County Council