Civics 101: Honolulu City Council
What does the City Council do?
Although it is called the “Honolulu City Council,” council members represent nine districts across Oʻahu. Council members act as the legislative branch of city government, i.e proposing bills, ordinances and resolutions, ultimately to pass laws that are adopted by the Executive Branch, i.e the mayor, departments and agencies that execute new laws.
The council also looks to the city's goals, major development projects and infrastructure improvements ranging from community growth to land use to finances and strategic planning.
Major areas of responsibility: Zoning and permitting, waste, public transportation, sanitation and waste disposal, affordable housing, government programs and services such as police and fire protection, parks and recreation, and other city government operations.
Read the full list of Functions of the City Council here.
How does it all work?
The full council meets at least once a month, year round to discuss and vote to pass laws. Special meetings may be called at any time by the council chair, a majority of the council members, or the Mayor; except for public emergencies. A majority of the nine council members constitutes a quorum, and five supporting votes are usually required for an action to be taken.
What are the council committees for?
The council covers a lot of issues. The work of the committees typically aligns with the full council's strategic plan. Their function is solely as an advisory body that provides policy recommendations to the full council.
What is “Sunshine Law”?
The Sunshine Law was enacted in 1998 to govern the way in which county boards must conduct their official business. The intent of the Sunshine Law is to open up governmental processes for the general public and encourage participation. That means a few things for the City Council….
No Cliques: Council members are not allowed to discuss county business with each other outside of a meeting, including by telephone or through email or social media.
Transparency : In general, all meetings are required to be open to the public unless an executive meeting or other exception is authorized under the law. This applies to committees as well.
Advanced notice: The council usually cannot consider or “hear” matters at a meeting that were not included in its published agenda which is required at least six days prior to meeting.
In the age of COVID-19, can the City Council meet by videoconference?
Yes. Board members may participate in a meeting via zoom, skype, bluejeans, or “interactive conference.” If audio communication cannot be maintained then the meeting must be terminated, even if a quorum of board members is physically present in one location. Members generally may only participate in a meeting from public locations. Agenda notices’s must indicate all locations where council members will be physically present so that the public is given the option to attend.
How to submit virtual testimony:
Testifiers can submit oral testimony remotely through Webex! To participate, persons should visit www.webex.com, click “Join,” enter meeting number that is given on the agenda for specific meeting! Complete the registration process. Registrants will receive an email that contains links and information on joining the meeting by either phone or video conference. Remote testifiers are strongly encouraged to register at least 24 hours before the start of the meeting.
Remote testifiers go at the beginning of every meeting. The pro is that you do not have to wait around until your specific agenda item is being heard. It saves a lot of time and is easier to fit in your day! The con is that you are not able to be a part of the discussion of the agenda item that you are interested in. Also, testimony is limited to one-minute and may or may not have follow-up questions from council.
Helpful terms to keep in mind:
A law is something passed by a specifically empowered branch of government (almost always a legislature, but it can also include a town council or similar) which creates a set of rules for certain kinds of conduct, along with penalties associated with transgressions. Laws may only be overturned by either a subsequent law, or a court declaring said law violates constitutional principles.
An act is merely the name given to some kinds of law. It is otherwise identical.
Ordinances are a form of law, generally restricted to local governments. They behave in an identical manner, but tend to be more restrictive in scope.
Colloquially, Americans use “ordinance” in place of “law” when talking about solely those laws passed by the smallest local government in an area (eg town, village, township, etc). We tend to say “law” when it comes from a state or federal source.
Regulations are rules that can have the force of law, but are created and changed by the Executive branch of a particular government. Regulations can be changed or overturned by courts or a law. Regulations stem from a government agency attempting to create a legal framework for the enforcement of a law or legal duty that has been placed on the agency by a law.
Rules are simply that: guidelines for behavior. They have as much validity or force as the organization issuing them has.
