§171-5  Meetings, regular, special; quorum. Regular meetings of the board of land and natural resources shall be held notless than once a month and the board shall provide in its rules and regulationsthe number and dates for the regular meetings.  Special meetings may be calledby the chairperson at any time by giving notice thereof to each member presentin the State at least five days prior to the date of the special meeting;provided that notice shall not be required if all members present in the Stateagree and sign a written waiver of the notice.

However, no final action involving dispositionof public lands may be had at such special meeting.

Any action taken by the board shall be by asimple majority of the members of the board; provided that a simple majority ofthe members present at a meeting and qualified to vote shall be required toallow any decision pursuant to section 183C-6(b).  Four members of the boardshall constitute a quorum to do business.  The board shall keep accuraterecords and minutes of all meetings, special and regular, and they shall bepublic records.  Copies of portions of the agenda relating to dispositions ofland shall be made available to the public in the land office of each districtat least three days before the meeting at which the matter will be discussed orvoted upon. [L 1962, c 32, pt of §2; Supp, §103A-5; HRS §171-5; gen ch 1993; amL 2001, c 215, §3]

 

Cross References

 

  Meetings and records, see chapter 92.

 

Case Notes

 

  A quorum of the board is sufficient to conduct business, butany board action must be authorized by a majority of the total membership ofthe board (pre-2001 amendment).  102 H. 257, 75 P.3d 160.

  Where a majority of the board (pre-2001 amendment) did notaffirmatively approve or disapprove of electric company's application tomodernize and expand electric generating station on conservation land withinthe time established, the board failed to render a "decision" so asto avoid the 180-day default mechanism of §183-41; thus, electric company wasallowed to subject land to the use applied for.  102 H. 257, 75 P.3d 160.