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THE SENATE |
S.B. NO. |
2517 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public agency meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§92-
Hiring of a head;
division; agency. (a) Upon
the vacancy or anticipated vacancy of the head of any division, agency, or other
subdivision of the State that requires a board to appoint or otherwise select
the new head, the board shall establish and comply with a process and timeline for
the selection of the new head through open deliberation in an open meeting, subject
to subsection (b). Approval of the process
and timeline shall be in the same manner as a public item on the board's
agenda.
(b) If, during the selection
process, the board determines that the process or timeline requires amendment,
the amendment shall be made through deliberation in an open public meeting and
approval shall be in the same manner as a public item on the board's agenda.
(c) Any appointment or selection
of a head of any division, agency, or other subdivision of the State by a board,
made in violation of this section, shall be invalid."
SECTION 2. Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:
(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;
(2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; provided further that any vote to hire an officer or employee shall be conducted in an open meeting;
(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;
(4) To consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities;
(5) To investigate proceedings regarding criminal misconduct;
(6) To consider sensitive matters related to public safety or security;
(7) To consider matters relating to the solicitation and acceptance of private donations; and
(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Agency Meetings and Records; Sunshine Law; Executive Session; Personnel; Voting; Hiring; Officers; Employees
Description:
Required
that heads of agencies that require board appointments be made through a
publicly established process and timeline. Requires that a vote by a public agency board
to hire an officer or employee be conducted in an open meeting.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.