HOUSE OF REPRESENTATIVES

H.B. NO.

2078

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public meetings.

 

 

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

 


     SECTION 1.  The legislature finds that providing a breadth of opportunities for board members to learn is fundamental to the board members' effective decisionmaking.  The legislature further finds that conferences, seminars, and other training programs provide opportunities for board members to learn, receive information, clarify situations or misinformation, and be exposed to a range of ideas, facts, and information, which are essential to their duties and responsibilities as board members.

     The purpose of this Act is to enable members of a board to participate in discussions at functions organized and conducted by entities other than the board, provided that:  (1) No commitment to vote and no position is made or sought by any of the attending board members on any matter related to official board business; and (2) At the next meeting of the board, board members report their attendance at the function and the matters presented and discussed at the function that relate to official board business.

     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)  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)  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.

     (e)  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)  Communications, interactions, discussions, investigations, and presentations described in this section are not meetings for purposes of this part.

     (g)  Members of a board may participate in discussions at a function that all board members are invited to attend; provided that with respect to a board member's participation in discussions at the function:

     (1)  No commitment to vote and no position shall be made or sought by any of the attending board members on any matter related to official board business; and

     (2)  The board members, at the next duly noticed meeting of their board, shall report their attendance at the function and the matters presented and discussed at the function that relate to official board business.

For purposes of this subsection, "function" means any program, seminar, workshop, conference, session, summit, or event organized and conducted by an organization other than the board."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

____________________________

 

 


 


 

Report Title:

Public Meetings

 

Description:

Allows members of a board to participate in functions that all board members are invited to attend, subject to certain conditions.  Defines "function" as any program, seminar, workshop, conference, session, summit, or event organized and conducted by an organization other than 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.