SB46 CD1

SECTION 1. The purpose of this Act is to foster meaningful discourse regarding compensation of top-level managerial and administrative positions at the University of Hawaii, a matter of intense public interest and statewide concern.

SECTION 2. Section 89C-4, Hawaii Revised Statutes, is amended to read as follows:

"§89C-4 Adjustments for excluded employees exempt from civil service. Each appropriate authority shall determine the adjustments that are relevant for their respective excluded employees who are exempt from civil service in consideration of the compensation and benefit packages provided for other employees in comparable agencies. For administrative positions in the University of Hawaii system filled by excluded employees, proposed compensation or change in compensation shall be disclosed in open meeting for purposes of public comment."

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 proposed compensation or change in compensation for administrative positions in the University of Hawaii system filled by excluded employees under chapter 89C shall be disclosed in open meeting for purposes of public comment; 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."

SECTION 4. Section 304A-1001, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1001[]] Exempt personnel. Personnel of the university not subject to chapter 76 shall be under the direction of the president of the University of Hawaii. The board of regents shall appoint deans, directors, members of the faculty, and other employees as may be required to carry out the purposes of the institution, prescribe their salaries and terms of service when the salaries and terms of service are not specifically fixed by legislative enactment, and make and enforce rules governing sabbatical and professional improvement leaves with or without pay, consistent with the practice of similar institutions in the United States and notwithstanding the laws of the State relating to leaves of absence of the officers and employees of the State. Notwithstanding any other law to the contrary, the board of regents, for administrative positions in the University of Hawaii system filled by excluded employees, shall publicly disclose, no later than six business days, before any related open meeting convened for purposes of public comment, compensation offered to newly hired employees and changes in compensation offered to existing employees under chapter 89C."

SECTION 5. Section 304A-1004, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1004[]] Annual report; executive, managerial, and faculty salaries[.]; proposed compensation. (a) The board of regents shall submit an annual report to the legislature containing the salaries paid to all executive, managerial, and faculty members of the university, including that paid to the president of the university, not fewer than twenty days prior to the convening of each regular session.

(b) The board of regents shall disclose in open meeting, for purposes of public comment, proposed compensation or change in compensation for administrative positions in the University of Hawaii system filled by excluded employees under chapter 89C."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	46
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 1
		C.D. 1