HB2404

Report Title:

Public officials; policy discussions

Description:

Allows two or more members of a board, but less than the number of members that would constitute a quorom, to discuss their individual positions relating to official board business at meetings of other boards or at public hearings of the Legislature.

HOUSE OF REPRESENTATIVES	H.B. NO.	2404
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

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 discuss between themselves matters relating to official board 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 that would constitute a quorum for the board, may discuss their individual positions relating to official board business at a meeting of another board or a public hearing of the legislature; provided that:

(1) The members announce their intent to attend and participate in the meeting or hearing at a prior meeting of their board, where that attendance and participation is anticipated; and

(2) The members report their attendance and the matters discussed at the meeting or hearing at the next duly noticed meeting of their board.

(g) Two or more members of a board, but less than the number of members that would constitute a quorum for the board, may attend presentations, including seminars, conventions, and community meetings, that involve matters relating to official board business; provided that the presentation is not specifically and exclusively organized for, or directed towards, the members of the board. Board members may participate in discussions, including discussions among themselves, provided that the discussions occur during and as part of the presentation and no commitment to vote is made or sought. The board members shall, at the next duly noticed meeting of their board, report their attendance and the matters presented and discussed at the presentation that relate to their official board business.

[~~(f)~~] (h) Communications, interactions, discussions, investigations, and presentations described in this section are not meetings for purposes of this part."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST