§88-28  Voting; rules.  Each trusteeshall be entitled to one vote on the board of trustees.  Five concurring votesshall be necessary for a decision by the trustees at any meeting of the board.

Subject to the limitations of this part, theboard, from time to time, shall establish rules for the administration of thefunds of the system and for the transaction of its business. [L 1925, c 55,§5(6), (7); RL 1935, pt of §7924; RL 1945, pt of §707; am L 1951, c 93, §3; RL1955, §6-65; HRS §88-28; am L 1969, c 110, pt of §1; am L 1993, c 349, §2]

 

Attorney General Opinions

 

  An action of the board requires at least four concurringvotes, and in the absence of such concurrence the action would be consideredlost.  Att. Gen. Op. 80-1.

 

Case Notes

 

  Board's four-to-four tie vote did not constitute a"decision by the trustees"; the tie vote neither authorized noraffirmatively disavowed appeal.  87 H. 152, 952 P.2d 1215.