Report Title:

UH; Board of Regents; Candidate Advisory Council

Description:

Establishes the candidate advisory council to screen and propose candidates for appointment to the board of regents (BOR) of the University of Hawaii. Changes BOR membership by decreasing the number of members from twelve to eleven. Requires a certain number of BOR members to represent specific geographic areas. Establishes two consecutive five-year terms for BOR members. Establishes that at least three months prior to the conclusion of a BOR member's first five-year term, the senate will consider the question of whether to reconfirm the member's position on the board. Clarifies that every BOR member may serve beyond the expiration date of the member's term until the member's successor has been appointed, has qualified, and has been confirmed by the senate. (SB1257 HD1)

THE SENATE

S.B. NO.

1257

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

Relating to the University of Hawaii.

 

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

SECTION 1. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304-   Candidate advisory council for the board of regents of the University of Hawaii. (a) There is established the candidate advisory council for the board of regents of the University of Hawaii to assist the governor in determining criteria for, screening of, and proposing of qualified candidates for membership on the board. The advisory council shall be attached to the University of Hawaii for administrative purposes.

(b) The advisory council shall recommend no fewer than two and no more than four candidates for each seat on the board within thirty days of a vacancy that arises by resignation, expiration of a term, death, or removal by the governor. The governor shall select one nominee from among the advisory council's recommendations. In making this recommendation, the council shall:

(1) Develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this statement to potential candidates;

(2) For each position on the board, screen and qualify candidates for the board based on the background and experience of the candidates and their potential for discharging the responsibilities of a member of the board;

(3) Publicly advertise pending vacancies and actively solicit and accept applications from potential candidates; and

(4) Develop and implement a fair, independent, and nonpartisan process of selecting candidates to serve on the board.

(c) Appointees to the advisory council shall have a general understanding of the purposes of higher education, the mission of the University of Hawaii system, and the responsibilities of the board of regents. The advisory council shall consist of eleven members to be appointed to a four-year term pursuant to section 26-34. Members shall be appointed as follows:

(1) One member shall be appointed by the president of the senate;

(2) One member shall be appointed by the speaker of the house of representatives;

(3) One member shall be appointed by the governor;

(4) One member shall be appointed by the University of Hawaii's All Campus Council of Faculty Senate Chairpersons;

(5) One member shall be appointed by the University of Hawaii's System Student Caucus;

(6) One member shall be appointed by the University of Hawaii's Native Hawaiian Council, Pu Ko'a;

(7) One member shall be appointed by the University of Hawaii professional assembly;

(8) One member shall be appointed by the Hawaii Government Employees Association;

(9) One member shall be appointed by the Hawaii State Bar Association;

(10) One member shall be appointed by the University of Hawaii Foundation; and

(11) One member shall be appointed by the University of Hawaii alumni association.

(d) The members of the council shall choose a chairperson from among themselves."

SECTION 2. Section 26-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The University of Hawaii shall be headed by an executive board to be known as the board of regents.

The board shall consist of [twelve] eleven members[. No more than six of the members shall be members of the same political party and at least part of the membership of the board shall represent geographic subdivisions of the State.] At least one member shall be a University of Hawaii student at the time of the initial appointment. This member may be reappointed for one additional term even though the member may no longer be a student at the time of reappointment.

The members, except for the student member, shall represent geographic areas as follows:

(1) Two members from the County of Hawaii;

(2) Two members from the County of Maui;

(3) One member from the County of Kauai; and

(4) Five members from the City and County of Honolulu.

The board shall have power, in accordance with the Constitution of the State and with law, to formulate policy, and to exercise control over the university through its executive officer, the president of the university. The board shall have exclusive jurisdiction over the internal organization and management of the university."

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

"§304-3 Regents; appointment; tenure; qualifications; meetings. (a) The affairs of the university shall be under the general management and control of the board of regents consisting of [twelve] eleven members who shall be appointed and may be removed by the governor. [The term of each] Each member shall [be for four years;] serve two consecutive five-year terms except as otherwise provided in this section; provided that the term of the student member shall be for two years. Except as otherwise provided by statute, state officers shall be eligible to appointment and membership. At least three months prior to the conclusion of a member's first five-year term, the senate shall consider the question of whether to reconfirm the member's position on the board. Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed [and], has qualified[.], and confirmed by the senate in accordance with Article X, section 6 of the State Constitution.

(b) The board shall at its first meeting after June 30, elect a chairperson and vice-chairperson, who shall serve until adjournment of its first meeting after June 30 of the next year or thereafter until their successors are appointed and have qualified and whose election shall be immediately certified by the board to the chief election officer. The board shall appoint a secretary, who shall not be a member of the board. The president of the university shall act as executive officer of the board. The board shall meet not less often than ten times annually, and may from time to time meet in each of the counties of Hawaii, Maui, and Kauai.

(c) The members of the board shall serve without pay but shall be entitled to their traveling expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon the ratification of a constitutional amendment providing for the creation of a candidate advisory council for the board of regents of the University of Hawaii.