§26-52  Department heads and executiveofficers.  The salaries of the following state officers shall be asfollows:

(1)  The salary of the superintendent of educationshall be set by the board of education at a rate no greater than $150,000 ayear;

(2)  The salary of the president of the University of Hawaii shall be set by the board of regents;

(3)  Effective July 1, 2004, the salaries of alldepartment heads or executive officers of the departments of accounting andgeneral services, agriculture, attorney general, budget and finance, business,economic development, and tourism, commerce and consumer affairs, Hawaiian homelands, health, human resources development, human services, labor andindustrial relations, land and natural resources, public safety, taxation, andtransportation shall be as last recommended by the executive salarycommission.  Effective July 1, 2007, and every six years thereafter, thesalaries shall be as last recommended by the commission on salaries pursuant tosection 26‑56, unless rejected by the legislature; and

(4)  The salary of the adjutant general shall be$85,302 a year.  Effective July 1, 2007, and every six years thereafter, thesalary of the adjutant general shall be as last recommended by the commissionon salaries pursuant to section 26‑56, unless rejected by thelegislature, except that if the state salary is in conflict with the pay andallowance fixed by the tables of the regular army or air force of the UnitedStates, the latter shall prevail. [L 1965, c 223, pt of §5; Supp, §4A-2; HRS§26-52; am L 1969, c 127, §2; am L 1970, c 105, §5; am L 1975, c 58, §6; am L1982, c 129, §1(2) and c 204, §8; am L 1984, c 282, §1; am L 1986, c 128,§1(2); am L 1987, c 336, §3(3), c 338, §1(4), and c 339, §2(3); am L 1989, c211, §5 and c 329, §1(2); am L 1990, c 293, §8; am L 1991, c 310, §2; am L1992, c 203, §1; am L 1994, c 56, §3; am L 1996, c 219, §1; am L 1998, c 115,§4; am L 2000, c 183, §1; am L 2003, c 122, §3; am L 2006, c 299, §3]

 

Attorney General Opinions

 

  Salary of superintendent of education should not be payableafter removal from office.  Att. Gen. Op. 75-20.

  "Salary" does not mean "compensation";fringe benefits are not "salary"; salary of university president isexception to norm, but unclear whether fringe benefits can be paid from privatedonations.  Att. Gen. Op. 85-1.