Report Title:

Public Meetings; Member Interaction

 

Description:

Allows two or more board members to discuss their individual positions or attend meetings or presentations relating to board business under certain circumstances. Allows members to be polled on official board business outside of meetings under certain circumstances. (SD1)

 


THE SENATE

S.B. NO.

2295

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

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. 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] that 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] that 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) Two or more members of a board, but less than the number of members that would constitute a quorum for the board, may:

(1) Attend a meeting of another board or a public hearing of the legislature and discuss their individual positions, including providing testimonies or presentations, relating to official board business; or

(2) Attend informational meetings or presentations, including but not limited to seminars, conventions, and community meetings, that involve matters relating to official board business; provided that the presentation shall not be specifically and exclusively organized for or directed toward members of the board;

provided that members' intent to attend the meeting or presentation are announced at a meeting of the board prior to the meeting or presentation, if attendance is anticipated in advance and the members report the attendance and the topics discussed at the meeting, hearing, or presentation to the board at the board's next duly noticed meeting.

Members may participate in discussions conducted at the meeting or presentation; provided that the discussions occur during and as part of the meeting or presentation and no commitment to vote on official board business shall be made or sought.

(g) Members of the board may be polled in writing, including through facsimile transmissions and email communications, regarding their individual positions on matters relating to official board business; provided that the documentation shall be a public record and shall be available within seven days after polling. The polling shall not constitute a vote on a matter by the board.

[(f)] (h) Communications, interactions, discussions, investigations, and presentations described in this section are not meetings for purposes of this part."

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.