De-politicizes the University of Hawaii's board of regents. Improves the selection process and the appointments of a limited number of out-of-state regents.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to de-politicize the board of regents by the same device used to de-politicize the judiciary, namely, through the establishment of ten-year terms, and to improve the selection process by which the regents are nominated and appointed.

In addition, this Act provides for the appointment of a limited number of out-of-state regents in the event that a highly-qualified person of national reputation should be interested. Political party restrictions would still apply. Finally, this Act provides for a knowledgeable commission that could assist the senate in performing its critical advice and consent function.

SECTION 2. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304-   Regents; evaluation of nominees by commission. There shall be a University of Hawaii regents nominees evaluation commission, to be composed of the following members: one member elected by the University of Hawaii alumni association, one member selected by the University of Hawaii faculty senate, one member selected by the board of regents, one member selected by the research corporation of the University of Hawaii, one member selected by the board of education, one member selected by the union representing the University of Hawaii faculty, and a chairperson selected by the president of the senate. Members shall serve at the pleasure of their constituent bodies. The senate shall provide facilities and support to the commission. Commissioners shall serve without pay, but shall be compensated for reasonable expenses under procedures devised by the senate.

The commission shall meet from time to time upon the call of its chairperson or pursuant to schedules of its own devising, but its deliberations shall be confidential. The governor shall submit the names of all regent nominees to the commission and the commission shall interview each nominee, review the dossier thereof, and report to the senate as follows: the names, addresses, and employment of each nominee; whether the nominee is unqualified, qualified, highly qualified, or most highly qualified for appointment, in the majority view of the commission; the salient qualifications of the nominee; and how the nominee would bring to the board such skills or capabilities that, given the needs of the University, the existing skills and capabilities of the board, and the skills and capabilities of other nominees, the board as a whole would competently discharge its mission. The commission's report to the senate shall be a matter of public record and shall be lodged with the appropriate committee before its deliberations on any appointments.

The commission shall evaluate repeat nominees on the same basis as new nominees. The commission shall provide the governor with its opinions on the fitness of potential nominees, on request. It may conduct such other investigations or research germane to the appointment of regents as the senate may delegate."

SECTION 3. Section 304-3, Hawaii Revised Statutes, is amended to read as follows:

The governor shall nominate and, with the advice and consent of the senate, shall appoint members. The governor may remove members with the consent of the senate. Members shall not serve past any statutory mandatory retirement age. The term of each member shall be for [four] ten years; provided that the term of the student member shall be for two years. A member may be re-appointed once. Except as otherwise provided by statute, state officers shall be eligible to appointment and membership. Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed and has qualified.

The board shall at its first meeting after June 30, elect a chairperson and vice-chairperson, who shall serve until adjournment of its first meeting after June 30 of the next year or thereafter until their successors are appointed and have qualified and whose election shall be immediately certified by the board to the chief election officer. The board shall appoint a secretary, who shall not be a member of the board. The president of the university shall act as executive officer of the board. The board shall meet not less often than ten times annually, and may from time to time meet in each of the counties of Hawaii, Maui, and Kauai.

The members of the board shall [serve without pay but shall] be entitled to their traveling expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board. The members of the board shall receive compensation in an amount not to exceed $25,000 per annum, set in the discretion of the board. They shall not be entitled to benefits other than the sum authorized in this section."

SECTION 4. Section 26-11, Hawaii Revised Statutes, is repealed.

["§26-11 University of Hawaii. (a) The University of Hawaii shall be headed by an executive board to be known as the board of regents.

The board shall consist of twelve members. No more than six of the members shall be members of the same political party and at least part of the membership of the board shall represent geographic subdivisions of the State. At least one member shall be a University of Hawaii student at the time of the initial appointment. This member may be reappointed for one additional term even though the member may no longer be a student at the time of reappointment.

The board shall have power, in accordance with the Constitution of the State and with law, to formulate policy, and to exercise control over the university through its executive officer, the president of the university. The board shall have exclusive jurisdiction over the internal organization and management of the university.

(b) The board of regents shall appoint and may remove an executive officer to be known as the president of the University of Hawaii.

The University of Hawaii as heretofore constituted as a body corporate is continued as the University of Hawaii established by this chapter."]

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon the ratification of a constitutional amendment providing for the modification of

the University of Hawaii board of regents' appointment process as provided by law.