ยง88-28 - Voting; rules.
ยง88-28ย Voting; rules.ย Each trustee
shall be entitled to one vote on the board of trustees.ย Five concurring votes
shall be necessary for a decision by the trustees at any meeting of the board.
Subject to the limitations of this part, the
board, from time to time, shall establish rules for the administration of the
funds of the system and for the transaction of its business. [L 1925, c 55,
ยง5(6), (7); RL 1935, pt of ยง7924; RL 1945, pt of ยง707; am L 1951, c 93, ยง3; RL
1955, ยง6-65; HRS ยง88-28; am L 1969, c 110, pt of ยง1; am L 1993, c 349, ยง2]
Attorney General Opinions
ย An action of the board requires at least four concurring
votes, and in the absence of such concurrence the action would be considered
lost.ย Att. Gen. Op. 80-1.
Case Notes
ย Board's four-to-four tie vote did not constitute a
"decision by the trustees"; the tie vote neither authorized nor
affirmatively disavowed appeal.ย 87 H. 152, 952 P.2d 1215.