In a previous blog post we discussed House Rules – Rules of the House – Up Close and Personal

I also wrote earlier (copied below) about House Speaker Nakamura appointing a 4 member committee to review House Rules and possibly make recommendations – but also noted, that contrary to existing rules and the State Constitution, there seemed to be no intent on the part of the Speaker or the Committee to actually hold a public hearing, and allow public testimony on this issue.

After reading the existing rules again closely today, I’ve discovered it’s even worse than I previously thought.

It seems Speaker Nakamura and her leadership team are already breaking the existing rules in two areas:

#1) The appointment of the Vice Speaker to be a voting member of 4 committees is clearly a violation of existing rules.

#2) Unless the recently appointed committee conducts it’s meetings and votes in public as if it were a “standing committee”, that will also be breaking the existing House rules – and the Hawaii Constitution (see below reference to constitution)

The Vice Speaker, Representative Linda Ichiyama has been officially appointed to serve as a voting member of 4 committees Consumer Protection & Commerce, Legislative Management, Public Safety, Water & Land –

HOWEVER THE RULES CLEARLY STATE SHE SHALL BE AN EX OFFICIO MEMBER WITHOUT A VOTE – EXCEPT SHE SHALL SERVE AS A VOTING MEMBER OF COMMITTEE ON LEGISLATIVE MANAGEMENT.

It is my understanding that this rule has been in place from the beginning…as in the first rules approved in 1959.

Rule 3. The Vice Speaker The Vice Speaker shall consult with and advise the standing committees and assist them in their work as an ex officio member without vote and shall perform such other duties as may be assigned by the Speaker; provided that the Vice Speaker shall serve as a voting member of the Committee on Legislative Management. In the absence of the Speaker, the Vice Speaker shall exercise all the duties and powers of the Speaker.

Rule 14. Special Committee 14.1. The Speaker may appoint special committees for special or temporary purposes to consider and report on such special or temporary matters referred to it. 14.2. Special committees shall consist of not less than three members each, unless otherwise ordered by the House, to serve until discharged or until finally reporting on such matters referred to them. 14.3. Meetings of special committees shall be conducted in the same manner as provided for standing committees.

11.5. Standing Committee Meetings. (1) Meetings (hearings and informational briefings) shall be held in public, be simultaneously broadcast, and be recorded for subsequent viewing on the legislative platform. The public may attend meetings in person or via broadcast. Meeting notices shall include instructions relating to public participation and public testimony. In the event of any unforeseeable or unavoidable circumstances that are beyond the control of the House or any other party, the committee may (a) proceed without simultaneous broadcast or (b) cancel or reschedule the meeting.

Rule 19. Advisory Committee on Rules and Procedure The Speaker shall, prior to the convening of a legislative session in an odd numbered year, establish an Advisory Committee on Rules and Procedure. The committee shall include at least one member from the minority party. The Advisory Committee on Rules and Procedure shall review these Rules and propose to the House such amendments as the committee deems appropriate.

Rule 20. Open Committee Meetings Every committee authorized and/or established under Part III of these Rules shall be a committee of the House. Every meeting of a committee of the House or of a committee composed of a member or members from the House and the Senate held for the purpose of making decisions on matters referred to the committee shall be open to the public; provided that certain kinds of meetings, including executive sessions, organizational meetings, partisan caucuses, and meetings the subject of which involves the invasion of a person’s right to privacy if made public, need not be open to the public. Every meeting of a special committee, interim committee, or the Advisory Committee on Rules and Procedure shall be noticed in the same manner as applicable to a standing committee.

* Note1: There has been no notice of any meeting scheduled or held by the Advisory Committee on Rules and Procedure – So either they have not yet met and have no immediate plans to meet, or they are meeting in private which violates the House Rules.

Note2: The purpose of the Advisory Committee on Rules and Procedure is specifically to review and make recommendations on Rules and Procedure and NOT to “organize” the House as that organization is not accomplished via a designated committee but through informal discussions that culminate in a majority consensus. In the matter before the committee today especially, the House is already “organized” and the only item designated to the committee is to review and make recommendations on the rules.

I welcome any legal minds…to tell me I’m wrong or to point out other areas that we should be looking at or strategies we might employ to encourage House Leadership to follow their own rules and do the right thing.

Here’s my earlier notes.
According to a memo circulated to House members –  House Speaker Nakamura has appointed a 4 member committee, Rep. Linda Ichiyama, Rep. Sean Quinlan, Rep. Chris Todd, and Rep. Lauren Matsumoto  to review House Rules and possibly make recommendations.

repnakamura@capitol.hawaii.gov
repichiyama@capitol.hawaii.gov
repmatsumoto@capitol.hawaii.gov
repquinlan@capitol.hawaii.gov
reptodd@capitol.hawaii.gov

Unfortunately, I’m hearing that contrary to existing House rules and the State constitution – there may be no public meetings of this committee, possibly no public testimony will be allowed, and that all discussion and decision-making may be done behind closed doors. The Committee has only 10 days from its formation on 12/31 to review existing House Rules and the existing House Financial and Administrative Manual and report its recommendations prior to January 10.

State Constitution Article III, Section 12 “Every meeting of a committee in either house or of a committee comprised of a member or members from both houses held for the purpose of making decision on matters referred to the committee shall be open to the public.”

Truly can’t make this stuff up.

I encourage all who support reforming the rules to contact the 5 Representatives listed above, AND your own district Representative – TODAY.  Professionally and politely please – Request notification of any meetings to be held by this committee per Rule 20. Request that the committee take the time needed to hold proper public hearings, and allow people from every island to share their thoughts, ideas, and suggestions on this important topic –