Report Title:
Public Agency; Meetings
Description:
Broadens the public agency meetings and records law.
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THE SENATE |
S.B. NO. |
3145 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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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 finds that the public interest is served best by striking the correct balance among open and transparent governmental processes, privacy concerns for public officials, and the ability of public agencies to carry out their duties reasonably and responsibly.
The purpose of this Act is to broaden public agency meetings 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 a 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 to 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.
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INTRODUCED BY: |
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