HB1611 HD1.DOC

SECTION 1. The legislature finds that the sunshine law, part I of chapter 92, Hawaii Revised Statutes, was intended to create transparency in government operations by public officials, both elected and appointed, and to establish procedures to ensure that the public's business is conducted in view of and with the participation of the members of the public.

The legislature recognizes that there are many public gatherings and community events to which officials of deliberative bodies are invited. Officials may wish to attend these gatherings and events for educational purposes, to facilitate community participation, and to promote constituent services.

The legislature also recognizes that there are professional-association conferences and other professional-development seminars to which public officials are invited, based on the officials' expertise or participation in public-policy formulation. Attendance at such conferences and seminars can help public officials attain a deeper understanding of issues, develop mutually beneficial relationships with peers in other jurisdictions, and foster and enhance technical expertise.

Accordingly, the purpose of this Act is to:

(1) Allow the participation by members of a board in a public gathering or community event not focused on matters currently under official deliberation or pending action; provided that the members do not engage in ex parte communications at the public gathering or community event;

(2) Allow the participation by members of a board in professional-association conferences and professional-development seminars and require the members to produce a publicly accessible report of their activities; and

(3) Allow notice of board meetings to be sent to persons who request notification of board meetings by e-mail.

SECTION 2. 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) One or more members of a board may attend a public gathering or a community event individually or in concert; provided that the public gathering or community event does not directly relate to any specific matter over which the board is currently exercising its adjudicatory, advisory, or legislative function and the members do not participate in ex parte communications at the public gathering or community event.

(d) Members of a board may individually or jointly attend professional-association conferences and professional-development seminars; provided that any attending members shall provide to the board's presiding officer a report summarizing each conference and seminar within a reasonable period of time.

[~~(c)~~] (e) 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)~~] (f) 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] the board is exercising its adjudicatory function.

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

SECTION 3. Section 92-7, Hawaii Revised Statutes, is amended by amending subsection (e) as follows:

"(e) The board shall maintain a list of names and addresses, including e-mail addresses, of persons who request notification of meetings and shall mail or send by e-mail a copy of the notice to such persons at their last recorded address [~~no later than the time~~] or e-mail address on the same day the agenda is filed under subsection (b)."

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.

HOUSE OF REPRESENTATIVES	H.B. NO.	1611
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII