Report Title:

Public Agency Meetings

Description:

Allows private discussions between board members and the governor to include elected officials. Allows discussions between board members and the board's administratively connected department head to include the board's executive secretary or director. Allows the board to consult with its executive secretary or executive director in a closed meeting.

HOUSE OF REPRESENTATIVES

H.B. NO.

1617

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO PUBLIC AGENCY MEETINGS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature recognizes that it is in the public interest to open up governmental processes to public scrutiny and participation, while enabling governmental agencies to reasonably and responsibly carry out their business, meet their privacy concerns, while fulfilling their responsibilities in serving the public.

The purpose of this Act is to broaden the public agency meetings and records law by allowing:

(1) Discussions conducted in private between one or more members of a board and the governor to include other elected officials;

(2) Discussions between two or more members of a board and the head of a department to which the board is administratively assigned to include the executive secretary or executive director of the board; and

(3) A board to hold a meeting closed to the public to consult with the executive secretary or executive director to the board.

SECTION 2. Section 92-2.5, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) Discussions [between] among the governor, other elected officials, 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] among two or more members of a board [and], the head of a department to which the board is administratively assigned, and the executive secretary or executive director to the board may be conducted in private without limitation; provided that the discussion is limited to matters specified in section 26-35."

SECTION 3. Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:

(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;

(2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;

(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;

(4) To consult with the board's attorney or the executive secretary or executive director of the board on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities;

(5) To investigate proceedings regarding criminal misconduct;

(6) To consider sensitive matters related to public safety or security;

(7) To consider matters relating to the solicitation and acceptance of private donations; and

(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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