Report Title:
Public Meetings
Description:
Allows two members of a board to discuss between themselves matters relating to official board business if the two members do not constitute a quorum of their board. Allows two members if they are not a quorum to also make presentations or testify at another board upon specified conditions. (SD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
551 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO PUBLIC MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 92-2.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§92-2.5[]] Permitted interactions of members. (a) Two members of a board may [communicate or interact privately] discuss between themselves [to gather information from each other about] matters relating to official board [matters] business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought[.] and the two members do not constitute a quorum of their board.
(b) Two or more members of a board, but less than the number of members which would constitute a quorum for the board, may be assigned to:
(1) Investigate a matter relating to the official business of their board; provided that:
(A) The scope of the investigation and the scope of each member's authority are defined at a meeting of the board;
(B) All resulting findings and recommendations are presented to the board at a meeting of the board; and
(C) Deliberation and decisionmaking on the matter investigated, if any, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the findings and recommendations of the investigation were presented to the board; or
(2) Present, discuss, or negotiate any position which the board has adopted at a meeting of the board; provided that the assignment is made and the scope of each member's authority is defined at a meeting of the board prior to the presentation, discussion, or negotiation.
(c) Discussions between two or more members of a board, but less than the number of members which would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting.
(d) Discussions between the governor and one or more members of a board may be conducted in private without limitation or subsequent reporting; provided that the discussion does not relate to a matter over which a board is exercising its adjudicatory function.
(e) Discussions between two or more members of a board and the head of a department to which the board is administratively assigned may be conducted in private without limitation; provided that the discussion is limited to matters specified in section 26-35.
(f) Two or more members of a board, but less than the number of members which would constitute a quorum for the board, may testify or make presentations about matters relating to the official business of their board at a meeting of another board, subject to this chapter, or at a public hearing of the legislature, if:
(1) The members' intent to attend the other meeting or hearing is announced at a meeting of the board prior to the other meeting or hearing, if their attendance is anticipated in advance; and
(2) The members report their attendance and the topics discussed at the other meeting or hearing to their board at their board's next meeting.
[(f)] (g) Communications, interactions, discussions, investigations, and presentations described in this section are not meetings for purposes of this part."
SECTION 2. Section 92-11, Hawaii Revised Statutes, is amended to read as follows:
"§92-11 Voidability. Any final action taken in violation of sections 92-3 and 92-7 [shall] may be voidable upon proof of [wilful] violation. A suit to void any final action shall be commenced within ninety days of the action."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.