Report Title:

Procedure; Public Meetings

 

Description:

Prescribes the procedure to be followed at certain neighborhood board meetings, such as the information that may be included in the written public notice, the information that the board may receive on a matter, quorum requirements, and the discussion and decision‑making process.  (HB2730 CD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2730

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

S.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LEGAL REQUIREMENTS FOR NEIGHBORHOOD BOARD MEETINGS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  Neighborhood board

     §92‑   Neighborhood board; notice and agenda; public input; quorum.  (a)  Any contrary provision in this chapter notwithstanding, the provisions of this part shall apply to neighborhood boards overseen by a neighborhood commission of the city and county of Honolulu, and such other neighborhood boards as may be created in other counties and overseen by a county-based commission. 

     (b)  The agenda required to be included in written public notice of a neighborhood board meeting may include an opportunity for the board to receive public input on issues not specifically noticed for consideration at the forthcoming meeting.

     (c)  Any matter raised as part of the public input agenda allowed under subsection (b) may be discussed and information on the matter may be received by the board at the meeting; provided that the board shall not make a decision relating to the matter.  The board may make decisions on matters originally raised as part of a public input agenda only at a later meeting, where the agenda for the meeting shall give notice of decision-making on the matter.

     (d)  A quorum for a meeting of a neighborhood board shall be required for:

     (1)  Conducting official board business;

     (2)  Discussions prior to and related to voting; and

     (3)  Voting required to validate an act of the board as part of official board business.

A neighborhood board may receive information or testimony on a matter of official board business without a quorum; provided that the board shall not make a decision on the issue.  The board members, at the next meeting of the neighborhood board, shall report the matters presented as information or testimony.

     §92‑   Permitted interactions of neighborhood board members.  (a)  Two or more members of a neighborhood board, but fewer than the number of members necessary to constitute a quorum for the board, may attend informational meetings or presentations on matters relating to official board business, including meetings of another entity, seminars, and community meetings; provided that the presentation is not specifically and exclusively organized for or directed toward members of the board.

     (b)  Neighborhood board members may participate in discussions, including discussions among themselves; provided that the discussions occur during and as part of the informational meeting or presentation allowed by subsection (a); and provided further that there is no commitment made relating to a vote on the issue.  The board members, at the next duly noticed meeting of the neighborhood board, shall report their attendance and the matters presented and discussed that related to official board business at the informational meeting or presentation.

     §92‑   Neighborhood board meeting; unanticipated events; public interest.  An unanticipated event that occurs after public notice of a neighborhood board meeting has been issued, but before the scheduled meeting, may be the subject of discussion at the scheduled meeting if timely action on the matter is necessary for public health, welfare, and safety.  At a duly noticed meeting, a board may take action on an unanticipated event in the public interest that is not on the

agenda in the same manner as if the board had held an emergency meeting to take action on the issue, pursuant to section 92-8."

     SECTION 2.  This Act shall take effect upon its approval.