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1980 Hawaii Attorney General Reports and Opinions 1 (1980)

handle is hein.sag/saghi0029 and id is 1 raw text is: 1EORGE R. ARIYOSHI N ATTOfiNEY GENERAL. LARRY L. ZENKER STATE OF HAWAII ASISTANT ATTORNEY GENERAL DEPARTMENT OF THE ATTORNEY GENERAL STATE CAPITOL 4b HONOLULU, HAWAII 913 Op. No. 80-1 WOW 5484740 February 27, 1980 The Honorable Eileen R. Anderson Chairman, Board of Trustees Employees' Retirement System State of Hawaii Honolulu, Hawaii 96813 Dear Mrs. Anderson: Subject: Effects of Voting on the Status of a Motion before the Board of Trustees This is in response to your letter dated January 10, 1980, requesting advice as to certain voting procedures of the Board of Trustees. We understand that by a letter dated September 13, 1963, this office advised the Retirement System that in view of the statutory requirement that: Four votes shall be necessary for a decision by the trustees at any meeting of the board: Four affirmative or four negative votes at any meeting are necessary for a decision by the Trustees. In the absence of at least four votes, either for or against any matter before the Board, such matter should be deferred to the next meeting of the Board. The prior opinion then went on to conclude that a two to two vote by the Trustees did not constitute a Board decision and consequently the matter should be deferred to the next meeting. Op. No. 80-1

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