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THE SENATE |
S.B. NO. |
2517 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC AGENCY MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§92- Appointment; selection; head of a division
or agency. (a) Upon
the vacancy or anticipated vacancy of the head of any division or agency of the
State that requires a board to appoint or otherwise select the new head, the
board shall use open deliberation in an open meeting to establish a process and
timeline for the appointment or selection of the new head. Approval of the process and timeline shall be determined
in an open meeting.
(b) The board shall follow the
process and timeline established under subsection (a). If, during the selection process, the board
determines that the process or timeline requires amendment, the amendment shall
be made through open deliberation in an open meeting and approval of the
amendment shall be determined in an open meeting.
(c) Any appointment or selection
of a head of any division or agency of the State by a board that is made in
violation of this section shall be invalid."
SECTION 2. Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:
(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;
(2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; provided further that any vote to appoint or select a head of a division or agency pursuant to section 92- shall be conducted in an open meeting;
(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;
(4) To consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities;
(5) To investigate proceedings regarding criminal misconduct;
(6) To consider sensitive matters related to public safety or security;
(7) To consider matters relating to the solicitation and acceptance of private donations; and
(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Public Agency Meetings and Records; Sunshine Law; Open Deliberation; Open Meeting; Appointment; Selection; Head of a State Division or Agency; Voting
Description:
Requires
appointments and selections of heads of state divisions and agencies that
require a board approval to be made through a publicly established process and
timeline. Requires the approval of the
process and timeline to appoint or select a new head of a division or agency to
be determined in an open meeting.
Requires that votes to appoint or select a head of state divisions and
agencies to be conducted in an open meeting.
Provides that any vote to appoint or select a head of a state division
or agency cast in violation of the foregoing shall be invalid. Requires that a vote by a board to appoint or
select hire a head of a division or agency be conducted in an open
meeting. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.