2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 4. STATE ORGANIZATION AND ADMINISTRATION, GENERALLY
26. Executive and Administrative Departments
§26-52 Department heads and executive officers.

§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:

(1) The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;

(2) The salary of the president of the University of Hawaii shall be set by the board of regents;

(3) Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and

(4) The salary of the adjutant general shall be $85,302 a year. Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail. [L 1965, c 223, pt of §5; Supp, §4A-2; HRS §26-52; am L 1969, c 127, §2; am L 1970, c 105, §5; am L 1975, c 58, §6; am L 1982, c 129, §1(2) and c 204, §8; am L 1984, c 282, §1; am L 1986, c 128, §1(2); am L 1987, c 336, §3(3), c 338, §1(4), and c 339, §2(3); am L 1989, c 211, §5 and c 329, §1(2); am L 1990, c 293, §8; am L 1991, c 310, §2; am L 1992, c 203, §1; am L 1994, c 56, §3; am L 1996, c 219, §1; am L 1998, c 115, §4; am L 2000, c 183, §1; am L 2003, c 122, §3; am L 2006, c 299, §3]

Attorney General Opinions

Salary of superintendent of education should not be payable after removal from office. Att. Gen. Op. 75-20.

"Salary" does not mean "compensation"; fringe benefits are not "salary"; salary of university president is exception to norm, but unclear whether fringe benefits can be paid from private donations. Att. Gen. Op. 85-1.