§304A-104.5  Regents candidate advisory
council for the board of regents of the University of Hawaii.  (a)  There
is established the regents candidate advisory council for the board of regents
of the University of Hawaii to present to the governor pools of qualified
candidates from which the members of the board of regents shall be nominated
and, by and with the consent of the senate, appointed by the governor.  The
regents candidate advisory council shall establish the criteria for qualifying,
screening, and presenting to the governor candidates for membership on the
board of regents.  The regents candidate advisory council shall be attached to
the University of Hawaii for administrative purposes.



(b)  Except as provided in subsection (c),
within sixty days of convening its first meeting, the regents candidate
advisory council shall present no fewer than two and no more than four
qualified candidates to the governor for each vacant seat on the board of
regents that has arisen due to resignation, death, or removal by the governor;
provided that for all subsequent presentations to the governor, the regents
candidate advisory council shall present no fewer than two and no more than
four candidates for each seat on the board of regents to the governor within:



(1)  Sixty days of a vacancy that arises by
resignation, death, or removal by the governor; or



(2)  One hundred twenty days prior to the expiration
of a term.



The regents candidate advisory council shall be
deemed to have fulfilled its obligation under this section upon presentation of
the names of the minimum number of candidates required to be presented for each
seat or seats on the board of regents.



(c)  When there are multiple seats vacant
within the same county or within the at-large membership, the regents candidate
advisory council shall present candidates for seats on the board of regents to
the governor as follows:



(1)  For two seats from the same county or two
at-large seats, no fewer than four and no more than six candidates;



(2)  For three seats from the same county, no fewer
than five and no more than eight candidates; and



(3)  For more than three seats, the regents candidate
advisory council shall determine appropriate minimum numbers of candidates,
which shall provide for at least three candidates for the final seat, and
maximum numbers of candidates.



(d)  In making its presentations, the regents
candidate advisory council shall:



(1)  Develop a statement that includes the selection
criteria to be applied and a description of the responsibilities and duties of
a member of the board of regents and distribute this statement to potential
candidates;



(2)  Screen and qualify candidates for each position
on the board of regents based on their background, experience, and potential
for discharging the responsibilities of a member of the board of regents;



(3)  Publicly advertise pending vacancies and actively
solicit and accept applications from potential candidates;



(4)  Develop and implement a fair, independent, and
nonpartisan procedure for selecting candidates to serve on the board of
regents; and



(5)  Require each candidate to disclose any existing
or anticipated contracts with the University of Hawaii or any existing or
anticipated financial transactions with the University of Hawaii.



Upon submission of the names of candidates to the
governor, the regents candidate advisory council shall make available the names
of candidates to the public through the University of Hawaii.



(e)  For each board seat to be filled, the
governor shall select one nominee from among the candidates submitted by the
regents candidate advisory council.



(f)  The regents candidate advisory council
shall consist of seven members to be appointed without regard to section 26-34
as follows:



(1)  One member shall be appointed by the president of
the senate;



(2)  One member shall be appointed by the speaker of
the house of representatives;



(3)  One member shall be appointed by the governor;



(4)  One member shall be appointed by one of the
co-chairs of the All Campus Council of Faculty Senate Chairs of the University
of Hawaii;



(5)  One member shall be appointed by the chairperson
of the Executive Council of the University of Hawaii Student Caucus;



(6)  One member shall be appointed by the chairperson
of the Association of Emeritus Regents; and



(7)  One member shall be appointed by the president of
the University of Hawaii Alumni Association;



provided that members appointed under paragraphs (4)
to (7) shall be selected from the general public and may include members of the
constituencies represented; provided further that each appointee satisfies the
requirements for appointment provided in this subsection, except that
individuals who are or have served as members of the executive councils or
boards for the organizations under paragraphs (4) or (5) within the last five
years immediately preceding the establishment of or a vacancy on the regents
candidate advisory council for which the persons may be qualified to fill shall
not be eligible to serve as members of the regents candidate advisory council.



The regents candidate advisory council shall be
selected in a wholly nonpartisan manner.  If any member has not been appointed
within one hundred eighty days of May 1, 2007, the sitting members on the
regents candidate advisory council shall make an interim appointment to fill
the vacant seat.  The interim appointee shall satisfy the requirements for
appointment provided in this subsection and shall serve until the time when the
appropriate appointing authority makes an appointment for the vacant seat as
provided in this subsection.  Appointees to the regents candidate advisory
council shall have a general understanding of the purposes of higher education,
the mission of the University of Hawaii system, and the responsibilities of the
board of regents.  Appointees shall be individuals who are widely viewed as
having placed the broad public interest ahead of special interests, having
achieved a high level of prominence in their respective professions, and being
respected members of the community.



(g)  Members of the regents candidate advisory
council shall serve four-year terms; provided that the three members initially
appointed by the governor, the president of the senate, and the speaker of the
house of representatives shall serve for terms of two years; provided further
that terms for appointments of the initial members of the regents candidate
advisory council shall be deemed to begin on July 1, 2007, regardless of the
actual date of appointment.



(h)  If a vacancy occurs, a successor shall be appointed
in the same manner and subject to the same qualifications as the person's
predecessor.  The person appointed to fill a vacancy shall serve for the
remainder of the term of the person's predecessor.



(i)  The regents candidate advisory council shall
operate in a wholly nonpartisan manner.  No individual, while a member of the
regents candidate advisory council, shall run for or hold any elected office
under the United States or the State or any of its political subdivisions.



(j)  The regents candidate advisory council
shall convene its first meeting on or after thirty-one days from May 1, 2007;
provided that, if thirty days after May 1, 2007, all the members to which the
regents candidate advisory council is entitled have not yet been appointed, the
regents candidate advisory council shall convene its first meeting upon the
appointment of a majority of its members.  The members of the regents candidate
advisory council shall choose a chairperson from among themselves.  A majority
of all the members to which the regents candidate advisory council is entitled
shall constitute a quorum to conduct business.  The concurrence of a majority
of all the members to which the regents candidate advisory council is entitled
shall be necessary to make any action of the regents candidate advisory council
valid.  The regents candidate advisory council shall meet annually and at other
times as necessary.  The regents candidate advisory council shall be exempt
from part I of chapter 92.



(k)  Members of the regents candidate advisory
council shall serve without compensation but shall be reimbursed for expenses,
including travel, board, and lodging expenses, necessary for the performance of
their duties.



(l)  Notwithstanding chapter 92F or any other
law to the contrary, all information required by the regents candidate advisory
council shall be confidential, including without limitation, all council
information obtained, reviewed, or considered before and after council
decisionmaking.  Confidential regents candidate advisory council information
shall include documents, data, or other information that are not of public
record, including without limitation, personal financial information; the names
of applicants; applications and the personal, financial, and other information
contained therein submitted by the applicants to the regents candidate advisory
council; interviews; schedules; reports; studies; background checks; credit
reports; surveys and reports prepared for or on the regents candidate advisory
council's behalf; the results of any evaluations or assessments conducted by
the regents candidate advisory council; the substance and details of any
discussions with regents candidate advisory council members; and the substance
and details of discussions and deliberations of the regents candidate advisory
council and any of its committees during meetings. [L 2007, c 56, §2; am L
2008, c 16, §13; am L Sp 2008, c 9, §4]



 



Revision Note



 



  "May 1, 2007" substituted for "the effective
date of this Act".



 



Case Notes



 



  The governor's nondiscretionary duty -- pursuant to the
Hawaii constitution, article X, §6, §304A-104(a) and subsection (e) -- to nominate
and appoint members of the board of regents of the university of Hawaii, is
subject to a reasonable time standard; reasonable time is judged by the
totality of the circumstances; the passage of nearly ten months since the
governor was presented with the regent candidate list was an unreasonable
period of time for the governor to perform this constitutional and statutory
duty and the governor was thus subject to mandamus.  119 H. 341, 198 P.3d 604.