Report Title:
Sunshine Law; Public Meetings; Board Members
Description:
Permits board members, numbering less than quorum, to: (1) discuss their individual positions related to official board business at other board meetings and legislative public hearings; (2) attend and participate in discussions at presentations, such as community meetings; and (3) discuss membership to a board's committees in private. Requires a quorum for discussion prior and related to voting and for voting to validate board actions.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1968 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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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]; provided that no commitment to
vote [is] shall be made or sought and the two members [do]
shall not constitute a quorum of [their] the board.
(b) Two or more members of a board, but less
than the number of members [which] that would constitute a quorum
for the board, may be assigned to:
(1) Investigate a matter relating to the official
business of [their] the board; provided that:
(A) The scope of the investigation and the
scope of each member's authority [are] shall be defined at a
meeting of the board;
(B) All resulting findings and recommendations
[are] shall be presented to the board at a meeting of the board;
and
(C) Deliberation and decisionmaking on the
matter investigated, if any, [occurs] shall occur 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]
that the board has adopted at a meeting of the board; provided that the
assignment [is] shall be made and the scope of each member's
authority [is] shall be 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] fewer than the number of members [which]
that would constitute a quorum for the board, concerning the selection
of the board's officers or assignment of members to the board's committees
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] shall
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] shall be limited to matters specified in section
26-35.
(f) Two or more members of a board, but fewer 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.
(g) Two or more members of a board, but fewer 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 shall not be 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 on official board business shall be made or sought.
[(f)] (h) Communications,
interactions, discussions, investigations, and presentations described in this
section are not meetings for purposes of this part."
SECTION 2. Section 92-15, Hawaii Revised Statutes, is amended to read as follows:
"[[]§92-15[]]
Boards [and commissions]; quorum; number of votes
necessary to validate acts. (a) Whenever the number of members
necessary to constitute a quorum to do business, or the number of members
necessary to validate any act, of any board [or commission of the State or
of any political subdivision thereof,] is not specified in the law or
ordinance creating the same or in any other law or ordinance, a majority of all
the members to which the board [or commission] is entitled shall
constitute a quorum to do business[, and the].
(b) The concurrence of a majority of
all the members to which the board [or commission] is entitled shall be
necessary to make any action of the board [or commission] valid;
provided that due notice shall have been given to all members of the board [or
commission] or a bona fide attempt shall have been made to give the notice
to all members to whom it was reasonably practicable to give the notice. This
section shall not invalidate any act of any board [or commission]
performed prior to April 20, 1937, which, under the general law then in effect,
would otherwise be valid.
(c) A quorum shall be required for the purpose of discussion prior and related to voting, and for voting required to validate an act of the board as part of official board business. Informational presentations shall not require a quorum."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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