§26-52  Department heads and executive
officers.  The salaries of the following state officers shall be as
follows:



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



(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 all
department heads or executive officers of the departments of accounting and
general services, agriculture, attorney general, budget and finance, business,
economic development, and tourism, commerce and consumer affairs, Hawaiian home
lands, health, human resources development, human services, labor and
industrial relations, land and natural resources, public safety, taxation, and
transportation shall be as last recommended by the executive salary
commission.  Effective July 1, 2007, and every six years thereafter, the
salaries shall be as last recommended by the commission on salaries pursuant to
section 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, the
salary of the adjutant general shall be as last recommended by the commission
on salaries pursuant to section 26‑56, unless rejected by the
legislature, except that if the state salary is in conflict with the pay and
allowance fixed by the tables of the regular army or air force of the United
States, 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 L
1982, 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, c
211, §5 and c 329, §1(2); am L 1990, c 293, §8; am L 1991, c 310, §2; am L
1992, 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 payable
after removal from office.  Att. Gen. Op. 75-20.



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