Report Title:

Public Agency Meetings And Boards; Expanding Applicability, Enforcement, And Disclosure

Description:

Makes boards established by an official government document subject to the open meetings law; requires actions taken in executive meetings be announced in public; allows legislative chairs to attend executive meetings of boards within their jurisdiction; authorizes the office of information practices to enforce the open meetings law.

THE SENATE

S.B. NO.

3103

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to public agencies and boards.

 

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

SECTION 1. The legislature finds that the public is interested in maintaining and expanding citizen access to government proceedings, which is governed by the public agency meetings and records law. In addition to citizen interest in participating in agency meetings, the media and civic watchdog groups monitor agency meetings for the public interest, which serve to encourage and increase accountability in government.

From time to time a public agency or official establishes a committee, a task force, or another entity to perform government functions that are not within the purview of the public agency meetings and records law. Though these public entities often agree to follow open meetings laws, concerns are regularly raised, in part, due to the voluntary nature of their compliance with the law.

Current law allows boards and commissions to vote and act in executive meetings closed to the public. While the minutes of these meetings become publicly available after the need for privacy goes away, this could take years or longer. In many states, boards must either vote in open meetings or announce their actions to the public.

Under agreements of confidentiality, boards occasionally allow others to attend their executive meetings, such as staff, legal counsel, and persons necessary to deliberate on agenda items closed to the public. Legislators who have official interest in the affairs of certain boards are currently prohibited from attending the executive meetings of these boards.

Enforcement of the public agency meetings and records law is limited to proceedings before a circuit court, which creates a barrier for most citizens seeking agency compliance with the law. The legislature finds that in addition to the attorney general and prosecuting attorneys, the administrator of the public agency meetings and records law, the office of information practices, should be authorized to enforce any non compliances.

The purpose of the Act is to expand the definition of board to include those created by an official government document, require that actions taken in executive meetings be announced in public, allow legislative chairs to attend executive meetings of boards within their jurisdiction, and authorize the office of information practices to enforce the open meetings law.

SECTION 2. Section 92-2, Hawaii Revised Statutes, is amended by amending the definition of "board" to read as follows:

"(1) "Board" means any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, [or] executive order, or any other official government document, to have supervision, control, jurisdiction or advisory power over specific matters and which is required to conduct meetings and to take official actions."

SECTION 3. Section 92-4, Hawaii Revised Statutes, is amended to read as follows:

"§92-4 Executive meetings. A board may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the board is entitled. A meeting closed to the public shall be limited to matters exempted by section 92-5. The reason for holding such a meeting shall be publicly announced and the vote of each member on the question of holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting. Actions taken in an executive meeting shall be announced at the next meeting of the board, including the vote taken on each matter. The chairperson of a legislative committee, which has jurisdiction over the board, may attend the executive meetings of that board."

SECTION 4. Section 92-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The attorney general, office of information practices, and the prosecuting attorney shall enforce this part."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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