THE SENATE	S.B. NO.	3200
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to boards and commissions.

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

SECTION 1. The legislature finds that there are over one hundred seventy boards and commissions established by the state constitution, statutes, and executive orders that make critical decisions that shape policy impacting Hawaii’s residents. The majority of boards and commissions are composed of members who serve in a volunteer capacity and may have other careers. As such, it is critical that members be afforded opportunities to receive orientation and training and to have periodic discussions as a board on their scope of responsibilities. These types of activities typically do not involve making decisions that will impact the organization or activities they oversee.

Chapter 92, Hawaii Revised Statutes, relating to public agency meetings and records, generally restricts interactions among members of a board or commission to two members, with limited exceptions. This may pose logistical challenges to providing the aforementioned opportunities, whereby activities such as orientation and education sessions or discussions on current issues must be held multiple times to reach all members, and the members would not have the benefit of having a discussion as a collective group to have a shared understanding of mission, goals, and responsibilities. Such situations may also take up valuable staff time to perform the same sessions on multiple occasions.

Therefore, the purpose of this Act is to allow boards and commissions to hold one retreat in private per calendar year for the purposes of team building, information gathering, and general discussions on matters of shared concern, provided that no decision-making or deliberation toward a decision occurs on matters pending or likely to arise before the board.

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] decision-making 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] that 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) Board members present at a meeting that must be canceled for lack of quorum or terminated pursuant to section 92-3.5(c) may nonetheless receive testimony and presentations on items on the agenda and question the testifiers or presenters; provided that:

(1) Deliberation or [decisionmaking] decision-making on any item, for which testimony or presentations are received, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the testimony and presentations were received;

(2) The members present shall create a record of the oral testimony or presentations in the same manner as would be required by section 92-9 for testimony or presentations heard during a meeting of the board; and

(3) Before its deliberation or [decisionmaking] decision-making at a subsequent meeting, the board shall:

(A) Provide copies of the testimony and presentations received at the canceled meeting to all members of the board; and

(B) Receive a report by the members who were present at the canceled or terminated meeting about the testimony and presentations received.

(e) Two or more members of a board, but less than the number of members, which would constitute a quorum for the board, may attend an informational meeting or presentation on matters relating to official board business, including a meeting of another entity, legislative hearing, convention, seminar, or community meeting; provided that the meeting or presentation is not specifically and exclusively organized for or directed toward members of the board. The board members in attendance may participate in discussions, including discussions among themselves; provided that the discussions occur during and as part of the informational meeting or presentation; and provided further that no commitment relating to a vote on the matter is made or sought.

At the next duly noticed meeting of the board, the board members shall report their attendance and the matters presented and discussed that related to official board business at the informational meeting or presentation.

(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 board is exercising its adjudicatory function.

(g) A board may conduct up to one retreat in private per calendar year; provided that the retreat shall not exceed one calendar day, and the board shall announce the date on which it held the retreat and report attendance at the next duly noticed meeting of the board; provided further that the board shall not vote on any matter, make decisions, or deliberate toward a decision on any matters currently pending before the board or likely to arise before the board.

As used in this subsection, "retreat" means a gathering of the members of a board for the purpose of team building, information gathering, and general discussions on matters of shared concern.

[(g)] (h) 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.

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

SECTION 3. Section 279D-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Participation by members of any other board in a meeting of a policy board shall be permitted interaction as provided in section [92-2.5(h).] 92-2.5(i)."

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:

_____________________________

Report Title:

Sunshine Law; Boards and Commissions; Permitted Interactions; Annual Retreat

Description:

Allows a board to conduct one private retreat per calendar year, provided that the board does not vote on any matter nor make decisions or deliberate on matters currently pending before the board or likely to arise before the board.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.