Rules for Officers, Code of Conduct, Meetings, Decisions and Transmittal
[Adopted: August 30, 2007 and revised September 5, 2013]
- Rule 1. Council Chair
- Rule 2. Council Vice-Chair
- Rule 3. Council Secretary
- Rule 4. Terms of Office
- Rule 5. Code of Conduct for Council Members
- Rule 6. Council Meetings
- Rule 7. Recruitment of Nominations, Notice of Vacancy
- Rule 8. Nominations and Preliminary Screening of Nominations
- Rule 9. Interviews and Investigations
- Rule 10. Evaluation of Nominations
- Rule 11. Transmittal to the Governor
Candidate Advisory Council members hold positions of public trust and shall conduct themselves in a manner which reflects credit upon the council process.
RULE 1 COUNCIL CHAIR
The chair of the council shall adhere to the rules for the council, shall preside at meetings of the council, shall have signatory authority for the council and shall be the spokesperson for the council.
RULE 2 COUNCIL VICE-CHAIR
In the absence of the chair, the vice-chair shall serve as chair.
RULE 3 COUNCIL SECRETARY
It shall be the duty of the secretary to take minutes of all council meetings and to prepare and keep records as directed by the council. In the secretary’s absence, the council shall choose a member to be acting secretary. The duties may be delegated to a staff member as directed by the chair.
RULE 4 TERMS OF OFFICE
The council shall elect from its members a chair, vice-chair and secretary. The term for these offices shall be for two years, beginning July 1, with the exception that the first term of office shall begin June 1, 2007, and end June 30, 2009.
If an office becomes vacant within a term of office, the council shall elect a replacement who will serve the remainder of the term.
RULE 5 CODE OF CONDUCT FOR COUNCIL MEMBERS
ABUSE OF POSITION
- No member shall use or attempt to use his or her official position to secure privileges or exemptions for the council or others.
- No member shall attempt, solicit or agree to accept any gift, favor or anything of value based upon any understanding, either explicit or implicit, that the official actions, decisions or judgment of any member would be influenced thereby. Nothing in this section shall prohibit a member from accepting a public award presented in recognition of public service.
- No member shall request or accept any fee or compensation on council related matters.
- Each member shall use the resources, property and funds under the member’s official control judiciously and solely in accordance with prescribed statutory and regulatory procedures.
- Each member shall immediately report to the chair any attempt to induce him or her to violate any of the standards set above.
- The council’s discussion and review of candidates shall be confidential, including all documents pertaining thereto.
- All communications between members, between a member and a nominee, or between a member and any other person or organization with respect to the qualifications of a nominee shall be kept confidential. A council member or ex-member shall not disclose confidential information except as provided in these rules.
- The council will publicize and make available to all candidates council criteria, the council’s description of the duties of the Board of Regents, council procedures and council rules.
- Comments to the public, including the media, the legislature and the governor regarding council matters shall be made only by the chair or by the chair’s designee.
CONFLICT OF INTEREST
- Every member shall avoid conflicts of interest in the performance of council duties. Every member is required to exercise diligence in becoming aware of conflicts of interest and disclosing any conflicts to the council. If a member knows of any personal, business, social or intimate relationship with a candidate, or is a relation of the candidate, the member will report this fact to the council. The council shall then decide the extent to which the involved member shall participate in the proceedings concerning said nominee. If a council member does not vote regarding a specific candidate due to the foregoing, the action may be announced publicly.
- No member of the council shall run for or hold any elected office under the United States or the State of Hawaiʻi or any of its political subdivisions.
- A member shall consider each nomination in an impartial, objective manner. No member shall discriminate on the basis of, nor manifest by words or conduct, bias or prejudice based on race, religion, sex, national origin, gender, marital status, sexual orientation or political affiliation in the conduct of the business of the council.
RULE 6 COUNCIL MEETINGS
- The chair shall call meetings as needed upon reasonable notice.
- A quorum for the council shall be four members. All actions of the council, in order to be valid, must have at least four votes.
- For the purpose of minimizing travel and per diem expenses, the council may use more cost efficient means, such as teleconferencing, that permit participation from alternate sites. Any council members participating in a meeting by teleconferencing will be considered present at the meeting for the purpose of determining quorum and voting requirements of the council.
RULE 7 RECRUITMENT OF NOMINATIONS, NOTICE OF VACANCY
- Members may actively seek out and encourage individuals to apply as candidates. Members should always keep in mind that individuals with the highest qualifications may not actively seek appointment as a regent.
- Upon written notice from the governor that a vacancy has occurred, the chair shall inform the other council members of the vacancy.
RULE 8 NOMINATIONS AND PRELIMINARY SCREENING OF NOMINATIONS
- Nominees shall complete and respond to forms of nominations as prescribed by the council.
- The chair may delegate any aspect of the review of some or all nominations to one or more members of the council, who shall report their findings to the council. Any decision to accept or reject a nomination or to seek further information about a nomination shall be made by a majority of the council as required by Rule 6.
- The council may, after it reviews the nominations, eliminate from further consideration some nominations. The council may gather additional information on other nominations as it deems appropriate.
RULE 9 INTERVIEWS AND INVESTIGATIONS
The council may interview nominees and conduct investigations into their backgrounds and qualifications. The chair may designate one or more members to interview and investigate nominees. The council may retain such private services as it deems necessary and appropriate to conduct investigations.
RULE 10 EVALUATION OF NOMINATIONS
The council shall follow the criteria adopted by the council in evaluating nominations.
RULE 11 TRANSMITTAL TO THE GOVERNOR
The names of the candidates, in alphabetical order by last name, shall be presented to the governor together with a statement of their qualifications.