§26-34  Selection and terms of members of
boards and commissions.  (a)  The members of each board and commission
established by law shall be nominated and, by and with the advice and consent
of the senate, appointed by the governor.  Unless otherwise provided by this
chapter or by law hereafter enacted, the terms of the members shall be for four
years; provided that the governor may reduce the terms of those initially
appointed so as to provide, as nearly as can be, for the expiration of an equal
number of terms at intervals of one year for each board and commission.  Unless
otherwise provided by law, each term shall commence on July 1 and expire
on June 30, except that the terms of the chairpersons of the board of
agriculture, the board of land and natural resources, and the Hawaiian homes
commission shall commence on January 1 and expire on December 31.  No
person shall be appointed consecutively to more than two terms as a member of
the same board or commission; provided that membership on any board or commission
shall not exceed eight consecutive years.



(b)  Any member of a board or commission whose
term has expired and who is not disqualified for membership under subsection
(a) may continue in office as a holdover member until a successor is nominated
and appointed; provided that a holdover member shall not hold office beyond the
end of the second regular legislative session following the expiration of the
member's term of office.



(c)  A vacancy occurring in the membership of
any board or commission during a term shall be filled for the unexpired term
thereof, subject to Article V, section 6 of the Constitution of the State.



(d)  The governor may remove or suspend for
cause any member of any board or commission after due notice and public
hearing.



(e)  Except as otherwise provided by this
chapter, this section shall apply to every board and commission established by
part I, or existing or established after November 25, 1959.  All new
appointments to any board or commission shall thereafter be made in accordance
with this section.



(f)  This section shall not apply to ex officio
members of boards and commissions or to the board of trustees of the employees
retirement system. [L Sp 1959 2d, c 1, §5; Supp, §14A-3; HRS §26-34; am L 1971,
c 143, §3; am L 1984, c 54, §1 and c 72, §1; am L 1985, c 153, §1]



 



Attorney General Opinions



 



  The board of election inspectors are within the purview of
this section and any vacancy occurring must be filled as prescribed by the state
constitution.  Att. Gen. Op. 67-16.



  Members whose terms are subject to this section hold over
upon expiration of their terms of office as de facto officers; but members
authorized to hold over until successors are appointed and qualified, as in
§304-3, hold over as de jure officers.  Att. Gen. Op. 73-7.



  While the title or status of de facto officers may not be
collaterally attacked, the de facto status is no defense in a quo warranto
proceeding.  Att. Gen. Op. 73-7.



  A board member who has served a partial term followed by a
complete term may continue to serve until he has served eight consecutive
years.  Att. Gen. Op. 74-4.



  There is no statutory provision which sets forth the length
of time the governor has to make a nomination.  Att. Gen. Op. 80-4.



 



Case Notes



 



  Issue of legality of board members holding office after
expiration of eight years held moot and was not decided.  59 H. 244, 580 P.2d
405.