Creates a board of information practices with power to appoint and remove the executive director of information practices.

A BILL FOR AN ACT

SECTION 1. The legislature finds that chapter 92, Part I, Hawaii Revised Statutes, commonly referred to as the "sunshine law," and chapter 92F, HRS, relating to the Uniform Information Practices Act (UIPA), are intended to promote openness in, and public access to, Hawaii state and county government. The sunshine law facilitates public access to government agency meetings, and UIPA promotes public access to government records.

Section 92-1, HRS, states in part: "Governmental agencies exist to aid the people in the formation and conduct of public policy." The opinions and advice of the office of information practices, which administers the sunshine law and the UIPA, often have a significant impact on the access rights of the public. Ironically, the office of information practices is headed by a single director, and no opportunity is provided for public input in the operation of the office and its interpretation and enforcement of the sunshine law and the UIPA. Other state executive officers with investigative and advisory functions similar to those of the director of the office of information practices are subject to the advice and good counsel of panels composed of citizens representing the perspectives of the public. Two notable and successful examples of these panels are the campaign spending commission under chapter 11, HRS, and the ethics commission under chapter 84, HRS.

The legislature is cognizant of the concern that subjecting a board to the same law that the board itself must administer may create a conflict of interest situation. However, in this instance the overriding interest is the fair and even administration of the sunshine law and the UIPA, and the construction of practical and workable interpretations of those laws. The integrity of these laws would remain intact inasmuch as the office of information practices has advisory functions only, as would the board of information practices. Enforcement lies with the attorney general and the courts, as well as citizen suits.

The purpose of this Act is to establish a board of information practices to administer chapters 92 and 92F, HRS.

SECTION 2. Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§92F-   Board of information practices; established; composition; appointment; duties. (a) There is established a board of information practices, which shall consist of five members appointed by the governor, subject to the advice and consent of the senate. The duties of the board shall be to:

(b) The term of each member of the board shall be for four years; provided that two members of the initial board, who shall have previously served on a board, shall be appointed for a two-year term. No person shall be appointed consecutively to more than two terms as a member of the board.

(c) The chairperson of the board shall be elected by the majority of the members of the board. Members of the board shall serve without compensation, but they shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties.

(d) The judicial council shall solicit applications for the nominees through community organizations, advertisements in any newspaper of general circulation, or other means designed to obtain qualified applicants. The judicial council shall meet and expeditiously to select nominees whenever a vacancy or anticipated vacancy exists on the board. A vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment; provided that the number of nominees to fill a vacancy shall be two."

SECTION 3. Section 92-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§92-1.5[]] Administration of this part. The director of the office of information practices shall administer this part. The [director] board of information practices shall establish procedures for filing and responding to complaints filed by any person concerning the failure of any board to comply with this part. The [director of the office] board of information practices shall submit an annual report of these complaints along with final resolution of complaints, and other statistical data to the legislature, no later than twenty days prior to the convening of each regular session."

SECTION 4. Section 92F-41, Hawaii Revised Statutes, is amended by amending subsections (b), (c), and (d) to read as follows:

"(b) [The governor shall appoint a director of the office of information practices to be its chief executive officer and who shall be exempt from chapter 76.] There shall be an executive director of the office of information practices who shall be appointed by the board of information practices under section 92F-   . The director shall be exempt from chapter 76.

(c) All powers and duties of the office of information practices are vested in the [director] board of information practices and may be delegated to [any other officer or employee of the office.] the executive director.

(d) The [director] board may employ any other personnel that are necessary, including but not limited to attorneys and clerical staff without regard to chapter 76."

SECTION 5. Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

"§92F-42 Powers and duties of the office of information practices. The [director of the office] board of information practices:

SECTION 6. The employment status, salary and employee benefits of all officers and employees of the office of information practices on the day before the effective date of this Act shall not be affected by this Act, but shall be subject to subsequent personnel action by the board of information practices.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.