§96-2  Ombudsman; office established,appointment, tenure, removal, qualifications, salary, vacancy.  The officeof ombudsman is established.  The legislature, by a majority vote of each housein joint session, shall appoint an ombudsman who shall serve for a period ofsix years and thereafter until a successor shall have been appointed.  Anombudsman may be reappointed but may not serve for more than three terms.  Thelegislature, by two-thirds vote of the members in joint session, may remove orsuspend the ombudsman from office, but only for neglect of duty, misconduct, ordisability.

No person may serve as ombudsman within twoyears of the last day on which the person served as a member of thelegislature, or while the person is a candidate for or holds any other stateoffice, or while the person is engaged in any other occupation for reward orprofit.  Effective July 1, 2005, the salary of the ombudsman shall be the sameas the salary of the director of health.  The salary of the ombudsman shall notbe diminished during the ombudsman's term of office, unless by general lawapplying to all salaried officers of the State.

If the ombudsman dies, resigns, becomesineligible to serve, or is removed or suspended from office, the firstassistant to the ombudsman becomes the acting ombudsman until a new ombudsmanis appointed for a full term. [L 1967, c 306, §3; HRS §96-2; am L 1969, c 127,§6; am L 1974, c 46, §2; am L 1975, c 58, §33; am L 1982, c 129, §32(1); gen ch1985; am L 1986, c 128, §30(1); am L 1989, c 329, §20(1); am L 2005, c 225, §6]

 

Attorney General Opinions

 

  Funds for operation of office constitute funds for"expenses of the legislature" within meaning of Const., Art. VI, §5. Att. Gen. Op. 69-4.

 

Law Journals and Reviews

 

  The Ombudsman in Hawaii:  The Basic Premises.  7 HBJ 17.