| 47 | | - | SECTION 1. Section 92-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) A board may hold an executive meeting that is 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 that is closed to the public shall be recorded and entered into the minutes of the meeting. Representatives of the news media shall be allowed to attend executive meetings; provided that the board may require that specified information be undisclosed pursuant to subsection (b)." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§92- Trusted public representatives. (a) The director shall adopt rules, pursuant to chapter 91, to establish a process for the selection and appointment of trusted public representatives. The process shall include: (1) For the selection of trusted public representatives: (A) Consultation with civic leaders and community members; and (B) Interviews with prospective trusted public representatives; and (2) For the appointment of trusted public representatives, a requirement that a trusted public representative be appointed only after ten days after the publication of the prospective trusted public representative's name and a brief summary of the prospective trusted representative's background. (b) The director: (1) Shall provide training on chapter 92 to each trusted public representative to enable trusted public representatives to perform their duties; (2) May assign trusted public representatives to observe board meetings closed to the public pursuant to section 92-4; and (3) Shall include in the director's annual report to the legislature required by section 92F-42(7) the activities of trusted public representatives. (c) Trusted public representatives appointed under this section shall: (1) Serve on a volunteer basis and without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties; (2) If assigned by the director, observe board meetings closed to the public; (3) Submit a confidential report to the director that the board meeting was conducted in conformance with chapter 92 and, if not, describe any board discussion that appeared to exceed the scope of chapter 92; and (4) Maintain the confidentiality of discussions held in board executive sessions. (d) For the purposes of this section, "director" means the director of the office of information practices." SECTION 2. Section 92-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Trusted public representative" means a resident of the State who is widely trusted and respected by others, has a reputation of integrity and caring for the community, and is committed to maintaining the intent and spirit of chapter 92 for the purpose of observing board meetings closed to the public." SECTION 3. 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; (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[.]; and (9) To conduct business regarding interviews of prospective officers or employees, strategic planning retreats, consultation meetings on procurement projects, and planning of community collaboratives and public-private partnerships; provided that a trusted public representative has been assigned by the director of the office of information practices and is present at the meeting." 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. INTRODUCED BY: _____________________________ |
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| 57 | | - | Report Title: OIP; Public Agency Meetings; Sunshine Law; Representatives of the News Media; Exemption Description: Authorizes representatives of the news media to be allowed to attend executive meetings held by a board under section 92-4, HRS. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 57 | + | (B) Interviews with prospective trusted public representatives; and |
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| 58 | + | |
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| 59 | + | (2) For the appointment of trusted public representatives, a requirement that a trusted public representative be appointed only after ten days after the publication of the prospective trusted public representative's name and a brief summary of the prospective trusted representative's background. |
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| 60 | + | |
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| 61 | + | (b) The director: |
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| 62 | + | |
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| 63 | + | (1) Shall provide training on chapter 92 to each trusted public representative to enable trusted public representatives to perform their duties; |
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| 64 | + | |
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| 65 | + | (2) May assign trusted public representatives to observe board meetings closed to the public pursuant to section 92-4; and |
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| 66 | + | |
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| 67 | + | (3) Shall include in the director's annual report to the legislature required by section 92F-42(7) the activities of trusted public representatives. |
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| 68 | + | |
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| 69 | + | (c) Trusted public representatives appointed under this section shall: |
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| 70 | + | |
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| 71 | + | (1) Serve on a volunteer basis and without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties; |
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| 72 | + | |
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| 73 | + | (2) If assigned by the director, observe board meetings closed to the public; |
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| 74 | + | |
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| 75 | + | (3) Submit a confidential report to the director that the board meeting was conducted in conformance with chapter 92 and, if not, describe any board discussion that appeared to exceed the scope of chapter 92; and |
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| 76 | + | |
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| 77 | + | (4) Maintain the confidentiality of discussions held in board executive sessions. |
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| 78 | + | |
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| 79 | + | (d) For the purposes of this section, "director" means the director of the office of information practices." |
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| 80 | + | |
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| 81 | + | SECTION 2. Section 92-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: |
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| 82 | + | |
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| 83 | + | ""Trusted public representative" means a resident of the State who is widely trusted and respected by others, has a reputation of integrity and caring for the community, and is committed to maintaining the intent and spirit of chapter 92 for the purpose of observing board meetings closed to the public." |
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| 84 | + | |
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| 85 | + | SECTION 3. Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 86 | + | |
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| 87 | + | "(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes: |
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| 88 | + | |
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| 89 | + | (1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both; |
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| 90 | + | |
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| 91 | + | (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; |
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| 92 | + | |
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| 93 | + | (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; |
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| 94 | + | |
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| 95 | + | (4) To consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities; |
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| 96 | + | |
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| 97 | + | (5) To investigate proceedings regarding criminal misconduct; |
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| 98 | + | |
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| 99 | + | (6) To consider sensitive matters related to public safety or security; |
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| 100 | + | |
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| 101 | + | (7) To consider matters relating to the solicitation and acceptance of private donations; [and] |
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| 102 | + | |
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| 103 | + | (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[.]; and |
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| 104 | + | |
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| 105 | + | (9) To conduct business regarding interviews of prospective officers or employees, strategic planning retreats, consultation meetings on procurement projects, and planning of community collaboratives and public-private partnerships; provided that a trusted public representative has been assigned by the director of the office of information practices and is present at the meeting." |
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| 106 | + | |
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| 107 | + | SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 108 | + | |
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| 109 | + | SECTION 5. This Act shall take effect upon its approval. |
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| 110 | + | |
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| 111 | + | |
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| 112 | + | |
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| 113 | + | INTRODUCED BY: _____________________________ |
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| 114 | + | |
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| 115 | + | INTRODUCED BY: |
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| 116 | + | |
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| 117 | + | _____________________________ |
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| 118 | + | |
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| 119 | + | |
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| 120 | + | |
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| 121 | + | |
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| 122 | + | |
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| 124 | + | |
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| 125 | + | |
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| 126 | + | |
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| 127 | + | Report Title: OIP; Public Agency Meetings; Sunshine Law; Exemption; Trusted Public Representatives; Report Description: Requires the Director of the Office of Information Practices to adopt rules to establish a process for the selection and appointment of trusted public representatives. Allows the Director of the Office of Information Practices to assign trusted public representatives to observe board meetings closed to the public. Requires the Director of the Office of Information Practices to include in the Director's annual report the activities of trusted public representatives. Requires trusted public representatives to submit a confidential report to the Director of the Office of Information Practices that a board meeting was conducted in conformance with chapter 92, Hawaii Revised Statutes. Defines "trusted public representative". Allows boards to hold certain meetings closed to the public if a trusted public representative is assigned to the meeting by the Director of the Office of Information Practices and is present at the meeting. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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