(a) To the extent permitted by applicable federal
or state law, the meetings of the board shall be open to the public. Without
limiting the foregoing, board meetings shall comply with Part I of Chapter
92 of the
Hawaii Revised Statutes, including the provisions therein requiring:
(1) written and electronic notice of board
meetings at least six days prior to each meeting; and
(2) written minutes.
(b) The board shall designate the administrator or
some other member of the Fund's staff to be responsible for preparing agendas for
future board meetings. Any trustee may place a question or subject on the agenda of
a future board meeting by notifying the administrator or other designated staff
person by 12:00 noon, seven days prior to the board meeting. All board meeting
agendas shall be transmitted to the chairperson for review prior to public
notice.
(c) Unless otherwise required by
the board or applicable law, the parliamentary procedure to be used by the board in
the conduct of its meetings shall be in accordance with the current version of
Roberts Rules of Order, Newly Revised.
(d) Voting procedures for board meetings and the
criteria for a quorum are established in Section
87A-11 of the Hawaii Revised
Statutes. In addition, the following voting procedures shall apply:
(1) After a motion is made and seconded, the
presiding officer shall read the motion and open the question to discussion and
debate by the trustees. When ready to put the motion to a vote, the presiding
officer shall call for the public employer and employee-beneficiary trustee votes to
determine whether there are three votes from each trustee group in favor of the
motion. If so, the motion shall be recorded as having been approved by one vote from
the public employer trustees and one vote from the employee-beneficiary
trustees.
(2) For routine or procedural
matters, the presiding officer may ask if there is any opposition to a motion after
it has been made, and to the extent required, seconded and debated. If no opposition
is voiced, the motion shall be recorded as having been unanimously approved by one
vote by the public employer trustees and one vote from the employee-beneficiary
trustees.
(3) If the voting is not
unanimous by each side, the names of the trustees who voted in favor of the motion,
voted against the motion, or abstained from voting shall be recorded in the
minutes.
(4) In the event of a deadlock
in the vote of the board, the board may vote on the same question or resolution at
the next two successive meetings of the board. In the event of a deadlock in the
vote of the board on the same question or resolution at the two successive meetings
of the board, the board shall vote on whether or not to engage in dispute
resolution. If six trustees of the board vote to engage in dispute resolution, the
two trustee groups shall enter into mediation to attempt to resolve the question or
resolution upon which the board has deadlocked.
The mediation shall be handled by a mediator appointed by the
Federal Mediation and Conciliation Service. If the Federal Mediation and
Conciliation Service fails or refuses to appoint a mediator within ten (10) days of
the date on which the six trustees voted to engage in dispute resolution, the
mediation shall be handled by a mediator mutually agreeable to the two trustee
groups. If the two trustee groups do not agree on a mediator within twenty (20) days
of the date on which the six trustees voted to engage in dispute resolution, either
trustee group may petition the Administrative Judge of the First Circuit, Circuit
Courts of the State of Hawaii, to appoint a mediator. Upon the appointment of a
mediator, the two trustee groups shall in good faith enter into mediation on the
question or resolution upon which the board has deadlocked. Nothing in this rule is
meant to preclude the board from voting to engage in other forms of alternate
dispute resolution to resolve a question or resolution upon which it has
deadlocked.
(5) Whenever any
statute or other law requires a vote of a majority, two-thirds or other percentage
or fraction of the trustees or members to which the board is entitled, the motion or
other action shall be approved if it receives two votes in favor of the motion or
action as provided in subsection (d)(1) of this Rule, regardless of the total number
of votes in favor of the motion or action.
For example, if a statute or other law requires a two-thirds vote
of the members to which the board is entitled, the motion or other action will be
approved if three trustees from each trustee group vote in favor of the motion or
other action, even if the remaining four trustees vote against the motion or other
action.
