Report Title:

Government Operations

Description:

Denies the University of Hawaii the use of the deliberative process privilege in closing an agency meeting to the public.  Specifies that the deliberative process privilege does not cover meetings related to the budget of the University of Hawaii.  Requires the University of Hawaii to disclose beforehand the range of proposed compensation to executives, including head athletic coaches.  Extends annual salary reporting requirement to include salaries of head athletic coaches.

HOUSE OF REPRESENTATIVES	H.B. NO.	2583
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GOVERNMENT OPERATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In no instance shall the board make a decision or deliberate toward a decision in an executive meeting on matters not directly related to the purposes specified in subsection (a)[.]; provided further that in no instance shall the board of regents of the University of Hawaii withhold recommendations, draft documents, proposals, suggestions, or other opinion materials that comprise part of the deliberative process by which the board of regents formulates its decisions and policies, including but not limited to, decisions relating to the budget of the University of Hawaii system, any of its campuses, or any of its divisions.  No chance meeting, permitted interaction, or electronic communication shall be used to circumvent the spirit or requirements of this part to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power."

     SECTION 2.  Section 304A-1001, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-1001[]]  Exempt personnel.  Personnel of the university not subject to chapter 76 shall be under the direction of the president of the University of Hawaii.  The board of regents shall appoint deans, directors, members of the faculty, and other employees as may be required to carry out the purposes of the institution, prescribe their salaries and terms of service when the salaries and terms of service are not specifically fixed by legislative enactment, and make and enforce rules governing sabbatical and professional improvement leaves with or without pay, consistent with the practice of similar institutions in the United States and notwithstanding the laws of the State relating to leaves of absence of the officers and employees of the State.  Notwithstanding any other law to the contrary, the board of regents shall publicly disclose, no later than six business days before any related open meeting convened for purposes of public comment, the range of proposed compensation offered to persons under consideration for executive positions and head athletic coaching positions in the University of Hawaii system."

     SECTION 3.  Section 304A-1004, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-1004[]]  Annual report; executive, managerial, [and faculty salaries.] and other salaries.  The board of regents shall submit an annual report to the legislature containing the salaries paid to all executive, managerial, and faculty members of the university, including that paid to the president of the university[,] and the head athletic coaches, not fewer than twenty days prior to the convening of each regular session."

     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.

INTRODUCED BY:

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