Bill Text: HI SB66 | 2012 | Regular Session | Introduced
Bill Title: Public Agency Meetings; Open Meetings
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB66 Detail]
Download: Hawaii-2012-SB66-Introduced.html
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THE SENATE |
S.B. NO. |
66 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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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:
SECTION 1. The purpose of this Act is to enhance Hawaii's law governing open meetings by:
(1) Providing a specific exemption to the open meetings law in certain instances, and safeguards to enhance compliance and prevent abuse of the exemption; and
(2) Clarifying the intent of the law with regard to permitted interactions among board members and continuances of meetings.
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] 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]
that 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) Members of a board may attend informational meetings or presentations on matters relating to official board business, including meetings of another entity, seminars, conventions, and community meetings; provided that the presentation is free and open to the public. Board members may participate in discussions, including discussions among themselves, provided that the discussions occur during and as part of the informational meeting, meeting of another entity, seminar, convention, community meeting, or presentation and no commitment to vote is sought or made.
(g) To be eligible to use the exemption in subsection (f):
(1) A board member shall attend a course conducted by an attorney approved by the director of the office of information practices. The course shall provide education and training on the requirements of part I of chapter 92; and
(2) The board or any member who uses the exemption in subsection (f) shall have a copy of part I of chapter 92 at every informational meeting or presentation.
(h) A member of the board who uses the exemption in subsection (f) shall:
(1) Not less than twenty-four hours prior to the informational meeting or presentation, cause public notice of the board member's intent to attend the informational meeting or presentation to be posted on the office of information practices website and the board's website, if any; and
(2) At the next meeting of the board, report information on the board member's attendance at the informational meeting or presentation and the matters presented and discussed that relate to board business.
(i) The exemption in subsection (f) may be used for chance meetings of board members, without prior public notice; provided that a board member who uses the exemption based upon a chance meeting shall comply with the reporting requirement in subsection (h)(2).
(j) In addition to complying with the reporting requirement in subsection (h)(2), a member shall make available at the next meeting of the board an audio recording or written transcript of the informational meeting or presentation, when:
(1) The informational meeting or presentation is not free and open to the public;
(2) No public notice is given at least twenty-four hours prior to the board member's attendance at the informational meeting or presentation; or
(3) The informational meeting or presentation is attended by board members constituting at least a quorum.
(k) No board member may distribute or disseminate written memoranda or written communications related to proposed amendments to proposals under deliberation and decision making by the board to other members of the board in advance of a public meeting, unless copies of those written memoranda or written communications are also made available to the public.
[(f)] (l) Communications,
interactions, discussions, investigations, and presentations described in this
section are not meetings for purposes of this part."
SECTION 3. Section 92-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) No board shall change the agenda, once filed, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Items of reasonably major importance not decided at a scheduled meeting shall be considered only at a second meeting continued to a reasonable day and time. If any further continuance is needed, the board shall provide written public notice of the continuance as required under this section."
SECTION 4. Statutory material to be repealed is bracketed and stricken. 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; Open Meetings
Description:
Provides a specific exemption to the open meetings law as well as various safeguards to enhance compliance and prevent abuse of the exemption; clarifies the intent of the law with regard to permitted interactions among board members and continuances of meetings.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
