Report Title:

DOE; Attorneys

 

Description:

Allows the department of education to appoint or retain by contract attorneys independent of the attorney general. Allows the Department of Education to be the primary hiring authority; sets forth the legal services to be provided; allows the board to set compensation; and specifies that the board is not precluded from requesting and securing legal services from the attorney general. (HB1969 CD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1969

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

C.D. 1


 

A BILL FOR AN ACT

RELATING TO THE BOARD OF EDUCATION.

 

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

 

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A-   Department attorneys. (a) Notwithstanding any other law to the contrary, the board may appoint or retain by contract one or more attorneys who are independent of the attorney general, to provide legal services for the department, including:

(1) Representation for the department in civil actions to which the department is a party, either directly or through the acts or omissions of its officers or employees;

(2) Advice and assistance to ensure the lawful and efficient administration and operation of the department; and

(3) Other legal services specified by the board.

The board may fix the compensation of the attorneys appointed pursuant to this section. Attorneys appointed or retained by contract shall be exempt from chapters 76 and 89 and shall not be considered a deputy attorney general.

(b) Nothing in this section precludes the board from requesting and securing legal services from the attorney general and the department of the attorney general, for the department, for the board or its members, or for the department's officers and employees, upon mutual agreement."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.