§26-34  Selection and terms of members ofboards and commissions.  (a)  The members of each board and commissionestablished by law shall be nominated and, by and with the advice and consentof the senate, appointed by the governor.  Unless otherwise provided by thischapter or by law hereafter enacted, the terms of the members shall be for fouryears; provided that the governor may reduce the terms of those initiallyappointed so as to provide, as nearly as can be, for the expiration of an equalnumber of terms at intervals of one year for each board and commission.  Unlessotherwise provided by law, each term shall commence on July 1 and expireon June 30, except that the terms of the chairpersons of the board ofagriculture, the board of land and natural resources, and the Hawaiian homescommission shall commence on January 1 and expire on December 31.  Noperson shall be appointed consecutively to more than two terms as a member ofthe same board or commission; provided that membership on any board or commissionshall not exceed eight consecutive years.

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

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

(d)  The governor may remove or suspend forcause any member of any board or commission after due notice and publichearing.

(e)  Except as otherwise provided by thischapter, this section shall apply to every board and commission established bypart I, or existing or established after November 25, 1959.  All newappointments to any board or commission shall thereafter be made in accordancewith this section.

(f)  This section shall not apply to ex officiomembers of boards and commissions or to the board of trustees of the employeesretirement 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 ofthis section and any vacancy occurring must be filled as prescribed by the stateconstitution.  Att. Gen. Op. 67-16.

  Members whose terms are subject to this section hold overupon expiration of their terms of office as de facto officers; but membersauthorized 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 becollaterally attacked, the de facto status is no defense in a quo warrantoproceeding.  Att. Gen. Op. 73-7.

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

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

 

Case Notes

 

  Issue of legality of board members holding office afterexpiration of eight years held moot and was not decided.  59 H. 244, 580 P.2d405.