Permitted interactions of members
HRS §92-2.5
in effect92-2.5. Permitted interactions of members
(a) Two members of a board may discuss between themselves matters relating to 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 that would constitute a quorum for the board, may be
assigned to:
(1) Investigate a matter relating to board business;
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 decision-making on the
matter investigated, if any, occurs only at a duly noticed meeting of the board
held no less than six business days after the meeting at which the findings and
recommendations of the investigation were presented to the board; or
(2) Present, discuss, or negotiate any position 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 before the presentation, discussion, or negotiation.
(c) Discussions between two or more members of
a board, but less than the number of members 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) Board members present at a meeting that
must be canceled for lack of quorum or terminated pursuant to section 92-3.5(c)
may nonetheless receive testimony and presentations on items on the agenda and
question the testifiers or presenters; provided that:
(1) Deliberation or decisionmaking on any item, for
which testimony or presentations are received, occurs only at a duly noticed
meeting of the board held subsequent to the meeting at which the testimony and
presentations were received;
(2) The members present shall create a record of the
oral testimony or presentations in the same manner as would be required by
section 92-9 for testimony or presentations heard during a meeting of the
board; and
(3) Before its deliberation or decisionmaking at a
subsequent meeting, the board shall:
(A) Provide copies of the testimony and
presentations received at the canceled meeting to all members of the board; and
(B) Receive a report by the members who were
present at the canceled or terminated meeting about the testimony and
presentations received.
(e) Two or more members of a board, but less
than the number of members that would constitute a quorum for the board, may
attend an informational meeting or presentation on matters relating to board
business, including a meeting of another entity, legislative hearing,
convention, seminar, or community meeting; provided that the meeting or
presentation is not specifically and exclusively organized for or directed
toward members of the board. The board members in attendance may participate
in discussions, including discussions among themselves; provided that the
discussions occur during and as part of the informational meeting or
presentation; provided further that no commitment relating to a vote on the
matter is made or sought.
At the next duly noticed meeting of the board,
the board members shall report their attendance and the matters presented and
discussed that related to board business at the informational meeting or
presentation.
(f) 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.
(g) 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.
(h) Where notice of the deadline to submit
testimony to the legislature is less than the notice requirements in this
section, a board may circulate for approval a statement regarding a position
previously adopted by the board; provided that the position previously adopted
by the board, the statement to be submitted as testimony, and communications
among board members about the statement, including drafts, shall be in writing
and accessible to the public, within forty-eight hours of the statement's circulation
to the board, on the board's website, or, if the board does not have a website,
on an appropriate state or county website.
(i) Communications, interactions, discussions,
investigations, and presentations described in this section are not meetings
for purposes of this part.
[L 1996, c 267, §2; am L 2005, c 84, §1; am L 2012,
c 177, §1; am L 2022, c 264, §3; am L 2024, c 13, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092/HRS_0092-0002_0005.htmFetched: 11/10/2026