Bill Text: HI SB2546 | 2012 | Regular Session | Amended
Bill Title: University of Hawaii Board of Regents; Candidate Advisory Council
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2012-03-19 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) Hanohano voting aye with reservations; Representative(s) Belatti voting no (1) and Representative(s) Carroll, Ching, Herkes, Mizuno excused (4). [SB2546 Detail]
Download: Hawaii-2012-SB2546-Amended.html
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THE SENATE |
S.B. NO. |
2546 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE UNIVERSITY OF HAWAII.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that while the candidate advisory council for the board of regents of the University of Hawaii has nominated many outstanding appointees to the board, important concerns have been raised as to the selection process. Since the passage of Act 56, Session Laws of Hawaii 2007, to implement the amendments to article X, section 6 of the state constitution, a number of issues have arisen from the new method of regent selection that hampered the work of the regents candidate advisory council and led to questions regarding the final selection of appointees during the senate confirmation process.
Particularly at this time, in light of the 2011 board of education appointment process, the legislature can see the potential value in granting the governor the authority to select and appoint regents on the basis of how each regent's individual strengths will add to and complement the overall board of regents. It has become clear that the governor will not be able to adequately select nominees to the board of regents unless the governor has more control and involvement in the recruitment and selection process. The legislature believes that it is appropriate to reassess and seriously consider making significant changes to the form and function of the regents candidate advisory council.
The purpose of this Act is to reconstitute the form and processes of the candidate advisory council to maximize the governor's ability to appoint qualified individuals to serve as members of the board of regents and effectively lead the University of Hawaii.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§304A- Candidate advisory council for the board of regents of the University of Hawaii. (a) The candidate advisory council for the board of regents of the University of Hawaii shall recruit, rate, and present to the governor qualified candidates for nomination to a vacant seat on the board of regents. The candidate advisory council shall be placed in the office of the governor for administrative purposes.
(b) The candidate advisory council shall:
(1) Develop and implement a fair and independent procedure for rating candidates to serve on the board of regents;
(2) Require candidates and members of their immediate family to disclose any existing or anticipated contracts or financial transactions with the University of Hawaii, and family relationships with University of Hawaii employees;
(3) Actively solicit and accept applications from potential candidates;
(4) Rate candidates for the board of regents on their backgrounds, experience, and potential for discharging the responsibilities of a member of the board of regents, based upon the qualifications imposed by the state constitution; and
(5) Present a list of at least three candidates to the governor for nomination and appointment for each vacant seat on the board of regents of the University of Hawaii.
(c) The candidate advisory council shall initiate the recruitment and rating of candidates for each vacancy on the board of regents within:
(1) Thirty days of a vacancy; or
(2) At least one hundred twenty days prior to the expiration of a regent's term.
(d) To provide continuity for the board of regents, the governor may recommend to the candidate advisory council the reappointment of a board of regents member, subject to senate confirmation.
(e) The candidate advisory council shall consist of five members, to be appointed by the governor without regard to section 26-34, and one non-voting ex officio member who shall be the most recent emeritus chair of the board of regents. Appointees to the candidate advisory council shall have a general understanding of the purposes of higher education, the mission and strategic goals of the University of Hawaii system, and the role and responsibilities of the board of regents. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, who are respected by the community, and who are highly qualified to recruit and rate candidates for the governor's consideration.
(f) Each member of the candidate advisory council shall serve for the duration of the term of the governor by whom the member was appointed.
(g) The candidate advisory council shall operate in a wholly nonpartisan manner. No member of the candidate advisory council shall run for or hold any elected office of the State or its political subdivisions. Any member of the candidate advisory council shall resign from the candidate advisory council prior to filing nomination papers for an elected office of the State or its political subdivisions.
(h) The governor shall appoint the chairperson of the candidate advisory council. A majority of the members to which the candidate advisory council is entitled shall constitute a quorum to do business. The concurrence of a majority of all the members to which the candidate advisory council is entitled shall be necessary to make any action of the candidate advisory council valid.
(i) Members of the candidate advisory council shall serve without compensation but shall be reimbursed for expenses, including travel, board, and lodging expenses, necessary for the performance of their duties."
SECTION 3. Section 304A-104, Hawaii Revised Statutes, is amended to read as follows:
"§304A-104
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].
The board shall consist of fifteen
members who shall be appointed [and] by the governor from lists of
qualified candidates presented to the governor by the candidate advisory
council and shall be confirmed by the senate; provided that if the list of
qualified candidates includes less than three candidates at any time during the
nomination and confirmation process, the governor may request that the candidate
advisory council reopen recruitment for qualified candidates. Members may
be removed by the governor. Except as otherwise provided by law, state
officers shall be eligible for appointment and membership.
The term of each member shall be five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be two years. Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed by the governor and confirmed by the senate in accordance with article X, section 6 of the Hawaii constitution. Members shall serve no more than two consecutive five-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to section 26-11(a) may be reappointed to two ensuing five-year terms. If a member is to be appointed to a second term of five years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the conclusion of a member's first five-year term; provided that if the senate is not in session within one hundred twenty days prior to the conclusion of the member's first five-year term, the member shall continue to serve until the senate convenes for the next regular session or the next special session for which the senate is authorized to consider the question of reconfirmation.
(b) In determining whether to confirm the governor's nominee to the board of regents, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board of regents, as a whole, that will best serve the diverse interests and needs of the students of the university system and assist the university system in achieving its strategic goals and performance indicators. The senate shall consider such factors as whether the board reflects the diversity of the student population, the various counties of the State, and a broad representation of higher education-related stakeholders.
[(b)] (c)
At a meeting preceding July 1 of each year, the board of regents shall elect a
chairperson and up to two vice-chairpersons whose terms shall be from July 1 to
June 30 of the next year or thereafter until their successors are
elected. 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. A majority of the board of regents shall constitute a quorum to
conduct business, and the concurrence of a majority of all the members to which
the board of regents is entitled shall be necessary to make any action of the
board of regents valid. The board shall meet at least ten times annually and,
from time to time, may meet in each of the counties of Hawaii, Maui, and Kauai.
[(c)] (d)
The governor shall notify the [regents] candidate advisory council for
the board of regents of the University of Hawaii in writing within ten days
of receiving notification that a member of the board of regents is resigning,
has died, or is being removed by the governor.
[(d)] (e) The members of the
board of regents shall serve without pay but shall be entitled to their travel
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. Section 304A-104.5, Hawaii Revised Statutes, is repealed.
["§304A-104.5 Regents
candidate advisory council for the board of regents of the University of
Hawaii. (a) There is established the regents candidate advisory
council for the board of regents of the University of Hawaii to present to the
governor pools of qualified candidates from which the members of the board of
regents shall be nominated and, by and with the consent of the senate,
appointed by the governor. The regents candidate advisory council shall
establish the criteria for qualifying, screening, and presenting to the
governor candidates for membership on the board of regents. The regents
candidate advisory council shall be attached to the University of Hawaii for
administrative purposes.
(b) Except as provided in subsection (c),
the regents candidate advisory council shall present no fewer than two and no
more than four qualified
candidates for each seat on the board of regents to the governor within:
(1) Sixty days of a vacancy that arises by
resignation, death, or removal by the governor; or
(2) One hundred twenty days prior to the
expiration of a term.
The regents candidate advisory council shall be
deemed to have fulfilled its obligation under this section upon presentation of
the names of the minimum number of candidates required to be presented for each
seat or seats on the board of regents.
(c) When there are multiple seats vacant
within the same county or within the at-large membership, the regents candidate
advisory council shall present candidates for seats on the board of regents to the
governor as follows:
(1) For two seats from the same county or
two at-large seats, no fewer than four and no more than six candidates;
(2) For three seats from the same county,
no fewer than five and no more than eight candidates; and
(3) For more than three seats, the regents
candidate advisory council shall determine appropriate minimum numbers of
candidates, which shall provide for at least three candidates for the final
seat, and maximum numbers of candidates.
(d) In making its presentations, the
regents candidate advisory council shall:
(1) Develop a statement that includes the
selection criteria to be applied and a description of the responsibilities and
duties of a member of the board of regents and distribute this statement to
potential candidates;
(2) Screen and qualify candidates for each
position on the board of regents based on their background, experience, and
potential for discharging the responsibilities of a member of the board of
regents;
(3) Publicly advertise pending vacancies and
actively solicit and accept applications from potential candidates;
(4) Develop and implement a fair,
independent, and nonpartisan procedure for selecting candidates to serve on the
board of regents;
(5) Ensure student involvement by
establishing a student advisory group composed of:
(A) The senior student affairs
officer of the University of Hawaii system;
(B) No fewer than three student
representatives from the University of Hawaii student caucus who shall
represent, to the maximum extent possible, the interests of the various
University of Hawaii campuses on each island; and
(C) No fewer than three student life
advisors who shall represent, to the maximum extent possible, the interests of
the various University of Hawaii campuses on each island,
who shall work with and assist the regents candidate advisory council to recruit
and evaluate candidates for the student member of the board of regents and make
recommendations to the regents candidate
advisory council based on the qualifications of the candidates applying
for the position; and
(6) Require each candidate to disclose any
existing or anticipated contracts with the University of Hawaii or any existing
or anticipated financial transactions with the University of Hawaii.
Upon submission of the names of candidates to the
governor, the regents candidate advisory council shall make available the names
of candidates to the public through the University of Hawaii.
(e) For each board seat to be filled, the
governor shall select one nominee from among the candidates submitted by the
regents candidate advisory council.
(f) The regents candidate advisory council
shall consist of seven members to be appointed without regard to section 26-34
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 one of
the co-chairs of the All Campus Council of Faculty Senate Chairs of the
University of Hawaii. A person may not be appointed as a member of the regents
candidate advisory council under this paragraph, if within the five years
immediately preceding that appointment, the person served on the All
Campus Council of Faculty Senate Chairs of the University of Hawaii;
(5) One member shall be appointed by the
chairperson of the Executive Council of the University of Hawaii Student
Caucus. A person may not be appointed as a member of the regents
candidate advisory council under this paragraph, if within one year immediately
preceding that appointment, the person served on the Executive Council of the
University of Hawaii Student Caucus;
(6) One member shall be appointed by the
chairperson of the Association of Emeritus Regents; and
(7) One member shall be appointed by the
president of the University of Hawaii Alumni Association;
provided that members appointed under paragraphs
(4) to (7) shall be selected from the general public and may include members of
the constituencies represented; provided further that each appointee satisfies
the requirements for appointment provided in this subsection.
The regents candidate advisory council shall
be selected in a wholly nonpartisan manner. Appointees to the regents
candidate 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. Appointees shall be individuals who
are widely viewed as having placed the broad public interest ahead of special
interests, having achieved a high level of prominence in their respective
professions, and being respected members of the community.
(g) Members of the regents candidate
advisory council shall serve four-year terms.
(h) If a vacancy occurs, a successor shall
be appointed in the same manner and subject to the same qualifications as the
person's predecessor. The person appointed to fill a vacancy shall serve for
the remainder of the term of the person's predecessor.
(i) The regents candidate advisory council
shall operate in a wholly nonpartisan manner. No individual, while a member of
the regents candidate advisory council, shall run for or hold any elected
office under the United States or the State or any of its political
subdivisions.
(j) The members of the regents candidate
advisory council shall choose a chairperson from among themselves. A majority
of all the members to which the regents candidate advisory council is entitled
shall constitute a quorum to conduct business. The concurrence of a majority
of all the members to which the regents candidate advisory council is entitled
shall be necessary to make any action of the regents candidate advisory council
valid. The regents candidate advisory council shall meet annually and at other
times as necessary. The regents candidate advisory council shall be exempt
from part I of chapter 92.
(k) Members of the regents candidate
advisory council shall serve without compensation but shall be reimbursed for
expenses, including travel, board, and lodging expenses, necessary for the
performance of their duties.
(l) Notwithstanding chapter 92F or any
other law to the contrary, all information required by the regents candidate
advisory council shall be confidential, including without limitation, all
council information obtained, reviewed, or considered before and after council
decisionmaking. Confidential regents candidate advisory council information
shall include documents, data, or other information that are not of public
record, including without limitation, personal financial information; the names
of applicants; applications and the personal, financial, and other information
contained therein submitted by the applicants to the regents candidate advisory
council; interviews; schedules; reports; studies; background checks; credit
reports; surveys and reports prepared for or on the regents candidate advisory
council's behalf; the results of any evaluations or assessments conducted by
the regents candidate advisory council; the substance and details of any
discussions with regents candidate advisory council members; and the substance
and details of discussions and deliberations of the regents candidate advisory
council and any of its committees during meetings."]
SECTION 5. The members of the candidate advisory council for the board of regents of the University of Hawaii who are serving on the effective date of this Act shall serve until the council is reconstituted by the governor's appointment of five members to the council pursuant to this Act. The governor shall appoint five members to the council no later than days after the effective date of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
University of Hawaii Board of Regents; Candidate Advisory Council
Description:
Amends the form and function of the University of Hawaii regents candidate advisory council. Repeals section 304A-104.5, HRS. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
