(a) If a board determines that it is necessary to meet at a location that is dangerous to health or safety, or if a board determines that it is necessary to conduct an on-site inspection of a location that is related to the board’s business at which public attendance is not practicable, and the director of the office of information practices concurs, the board may hold a limited meeting at that location that shall not be open to the public; provided that at a regular meeting of the board prior to the limited meeting:

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Terms Used In Hawaii Revised Statutes 92-3.1

  • Board: means any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction, or advisory power over specific matters and which is required to conduct meetings and to take official actions. See Hawaii Revised Statutes 92-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Meeting: means the convening of a board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power. See Hawaii Revised Statutes 92-2
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Quorum: The number of legislators that must be present to do business.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The board determines, after sufficient public deliberation, that it is necessary to hold the limited meeting and specifies that the location is dangerous to health or safety or that the on-site inspection is necessary and public attendance is impracticable;
(2) Two-thirds of all members to which the board is entitled vote to adopt the determinations required by paragraph (1); and
(3) Notice of the limited meeting is provided in accordance with § 92-7.
(b) A county council may hold a limited meeting that is open to the public, as the guest of a board or community group holding its own meeting, and the council shall not be required to have a quorum of members in attendance or accept oral testimony; provided that:

(1) Notice of the limited meeting shall be provided in accordance with § 92-7, shall indicate the board or community group whose meeting the council is attending, and shall not be required to include an agenda;
(2) If the board or community group whose meeting the council is attending is subject to part I, chapter 92, then that board or community group shall comply with the notice, agenda, testimony, minutes, and other requirements of part I, chapter 92;
(3) No more than one limited meeting per month shall be held by a county council for any one board or community group;
(4) No limited meetings shall be held outside the State; and
(5) Limited meetings shall not be used to circumvent the purpose of part I, chapter 92.
(c) At all limited meetings, the board shall:

(1) Videotape the meeting, unless the requirement is waived by the director of the office of information practices, and comply with all requirements of § 92-9;
(2) Make the videotape available at the next regular meeting; and
(3) Make no decisions at the meeting.
(d) Each county council shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on the effectiveness and application of limited meeting procedures provided in subsection (b), including any recommendations or proposed legislation.

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