HCR201

WHEREAS, the Office of the Auditor, Office of the Ombudsman, and Office of the Legislative Reference Bureau are legislative agencies that service the Legislature and the public; and

WHEREAS, the Office of the Auditor provides audit reports to the Legislature and the public about how effectively state agencies are providing services and using public money; and

WHEREAS, the Office of the Ombudsman investigates complaints about actions of executive branch agencies of the state and county governments in the State; and

WHEREAS, the Legislative Reference Bureau is a nonpartisan legislative service agency that provides a wide variety of services to legislators, legislative committees, and the public; and

WHEREAS, the Auditor, Ombudsman, and Legislative Reference Bureau Director are appointed by the Legislature by a majority vote of each house in joint session; and

WHEREAS, without an obligation to receive public testimony or hold a public hearing, the Auditor and Legislative Reference Bureau Director were appointed in 2016, and the Ombudsman was appointed in 1998; and

WHEREAS, previous legislatures have advocated for the establishment of a more transparent process or a candidate advisory committee to enable public input and ensure the best qualified individuals are selected for these legislative service agency director positions; and

WHEREAS, the creation of a candidate advisory committee will implement a transparent process to maintain public trust and ensure that the Legislature appoints individuals qualified for these positions who have strong moral standing; and

WHEREAS, a public and transparent process that evaluates candidates for these legislative service agency director positions is warranted for upcoming appointments; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that there is established the Legislative Service Agency Candidate Advisory Committee to recruit via a public search, evaluate all candidates, and present to the Legislature one nominee for each Auditor, Ombudsman, and Legislative Reference Bureau Director position; and

BE IT FURTHER RESOLVED that the Candidate Advisory Committee consist of the following members:

(1) Three members of the Senate, to be appointed by the President of the Senate;

(2) Three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; and

(3) A former State Auditor, who shall serve as Chair; and

BE IT FURTHER RESOLVED that the Candidate Advisory Committee recruit and evaluate public applications for the Auditor, Ombudsman, and Legislative Reference Bureau Director positions and present to the Legislature one finalist nominee for each position; and

BE IT FURTHER RESOLVED that the Candidate Advisory Committee may seek assistance and expertise from the National Conference of State Legislatures; and

BE IT FURTHER RESOLVED that the Candidate Advisory Committee hold a public hearing and accept public testimony on the finalist nominee for each director position; and

BE IT FURTHER RESOLVED that the Candidate Advisory Committee, following the public hearing on each finalist nominee and by a majority vote of all members to which the committee is entitled, make a recommendation to the Legislature to recommend appointment of the nominee; and

BE IT FURTHER RESOLVED that the Legislature convene in a joint session to vote on the recommendation to appoint each nominee who receives a recommendation for appointment by the Candidate Advisory Committee; and

BE IT FURTHER RESOLVED that each nominee be appointed by the Legislature by a majority vote of all members to which the Legislature is entitled; and

BE IT FURTHER RESOLVED that if any finalist nominee for a legislative service agency director position fails to receive a majority vote of either the Candidate Advisory Committee in recommending appointment or the Legislature in appointing the nominee, the Candidate Advisory Committee shall follow the procedures described in this measure to evaluate and nominate another individual from the initial public applications received for that position until a candidate is nominated and appointed; and

BE IT FURTHER RESOLVED that if the Candidate Advisory Committee determines that the remaining individuals, if any, from the list of initial public applicants are unqualified for the position, then the Candidate Advisory Committee may pursue public applications for a new list of candidates; and

BE IT FURTHER RESOLVED that the Candidate Advisory Committee shall cease to exist upon the completion of its duties; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor; Ombudsman; Legislative Reference Bureau Director; Former State Auditor Marion Higa (Ret.); and the Chief Executive Officer of the National Conference of State Legislatures.

	OFFERED BY:	_____________________________

Report Title:

Candidate Advisory Committee; Nomination; Legislative Service Agencies; Auditor; Ombudsman; Legislative Reference Bureau

HOUSE OF REPRESENTATIVES	H.C.R. NO.	201
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII