The Sunshine Law The Sunshine Law Hawaiis Open Meetings Law - - PDF document

Office of Information Practices The Sunshine Law 1

The Sunshine Law The Sunshine Law

Hawaii’s Open Meetings Law Hawaii’s Open Meetings Law Part I of Chapter 92, HRS Part I of Chapter 92, HRS

What’s the purpose? What’s the purpose?

• Protect public’s right to know

Protect public’s right to know

• Open governmental process to

Open governmental process to public scrutiny and public public scrutiny and public participation participation

“[I]t is the policy of this State that “[I]t is the policy of this State that the formation and conduct of the formation and conduct of public policy public policy --

• - the discussions,

the discussions, deliberations, decisions and deliberations, decisions and actions of government agencies actions of government agencies --

• shall be conducted as openly as

shall be conducted as openly as possible.” possible.”

Office of Information Practices The Sunshine Law 2

Sunshine Law requires: Sunshine Law requires:

• Discussions, deliberations and decisions must be

Discussions, deliberations and decisions must be conducted at a meeting conducted at a meeting

• Every meeting must be open unless executive

Every meeting must be open unless executive meeting is allowed meeting is allowed

• Boards must accept testimony

Boards must accept testimony

• Boards must provide notice

Boards must provide notice

• Boards must keep minutes

Boards must keep minutes

Sunshine Law requires: Sunshine Law requires:

• Discussions, deliberations and decisions must be

Discussions, deliberations and decisions must be conducted at a meeting conducted at a meeting

• Every meeting must be open unless executive

Every meeting must be open unless executive meeting is allowed meeting is allowed

• Boards must accept testimony

Boards must accept testimony

• Boards must provide notice

Boards must provide notice

• Boards must keep minutes

Boards must keep minutes

“Board Business” “Board Business”

• Matters over which the board has

Matters over which the board has supervision, control, jurisdiction or supervision, control, jurisdiction or advisory power that are before the board advisory power that are before the board

• r reasonably anticipated to come before
• r reasonably anticipated to come before

the board in the foreseeable future the board in the foreseeable future

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“Board Business” “Board Business”

Within the board’s authority On current or future agenda

“Board Business” “Board Business”

Within the board’s authority On current or future agenda

“Board Business” “Board Business”

Within the board’s authority On current or future agenda

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• No caucuses

No caucuses

• No polling

No polling

• No telephone discussions

No telephone discussions

• No e

No e-mails mails

• No memos

No memos

Permitted Interactions Permitted Interactions

• 2 members

2 members

• Investigate

Investigate

• Present, discuss or negotiate

Present, discuss or negotiate

• Selection of officers

Selection of officers

• Governor

Governor

• Department head

Department head

Permitted Interactions Permitted Interactions - 2 Members 2 Members

• Communicate privately

Communicate privately

• Cannot commit to vote

Cannot commit to vote

• Cannot seek commitment

Cannot seek commitment

• Cannot use serially

Cannot use serially

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Permitted Interactions Permitted Interactions - Investigations Investigations

Less than a quorum Scope of investigation defined at a

meeting

Findings and recommendations presented

at a 2nd meeting

Deliberation and decision-making

at a 3rd meeting

Permitted Interactions Permitted Interactions - Investigations Investigations

Less than a quorum Scope of investigation defined at a

meeting

Findings and recommendations presented

at a 2nd meeting

Deliberation and decision-making

at a 3rd meeting

Examples of “Investigation” Examples of “Investigation” Permitted Interactions Permitted Interactions

• Confidential interviews

Confidential interviews

• Site inspections and product

Site inspections and product demonstrations demonstrations

• Receipt and consideration of

Receipt and consideration of confidential information confidential information

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Executive Meetings Executive Meetings

• Closed to public

Closed to public

• 2/3 vote of board members present

2/3 vote of board members present

• Announce reasons for closed meeting

Announce reasons for closed meeting

• Vote recorded and entered into minutes

Vote recorded and entered into minutes

Executive Meeting Purposes Executive Meeting Purposes

• professional or vocational license applicants

professional or vocational license applicants

• personnel matters

personnel matters

• authority of labor negotiator or person designated to

authority of labor negotiator or person designated to negotiate purchase of land negotiate purchase of land

• legal matters with board’s attorney

legal matters with board’s attorney

• criminal misconduct

criminal misconduct

• sensitive matters relating to public safety

sensitive matters relating to public safety

• private donations and

private donations and

• matters confidential by law or court order

matters confidential by law or court order

Limited Meetings Limited Meetings

• Dangerous location OR public attendance

Dangerous location OR public attendance impracticable impracticable

• OIP concurrence

OIP concurrence

• 2/3 Vote

2/3 Vote

• Show video next time

Show video next time

• No decisions made

No decisions made

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Videoconference Meetings Videoconference Meetings

• Audio and visual interaction at all locations

Audio and visual interaction at all locations

• Notice where board members will be

Notice where board members will be

• Public can attend at any location

Public can attend at any location

• Meeting ends if audio interaction not

Meeting ends if audio interaction not maintained at all locations maintained at all locations

Testimony Testimony

• All interested persons may submit written

All interested persons may submit written testimony on any agenda item. testimony on any agenda item.

• All interested persons may present oral

All interested persons may present oral testimony on any agenda item. testimony on any agenda item.

Testimony Testimony

• All interested persons may submit written

All interested persons may submit written testimony on testimony on any agenda item any agenda item. .

• All interested persons may present oral

All interested persons may present oral testimony on testimony on any agenda item any agenda item.

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Notice Requirements Notice Requirements

• written notice

written notice

• date, time and place

date, time and place

• includes agenda

includes agenda

• for executive meeting, must state

for executive meeting, must state purpose and cite statutory basis purpose and cite statutory basis

• Filed with the Lieutenant Governor’s office

Filed with the Lieutenant Governor’s office and at the board’s office (posted at meeting and at the board’s office (posted at meeting site when feasible) site when feasible)

• 6 calendar days prior to meeting

6 calendar days prior to meeting

• Copy mailed to anyone so requesting

Copy mailed to anyone so requesting

Meeting Agenda Meeting Agenda

• All items that the board intends to consider

All items that the board intends to consider

• To inform the public of the matters the

To inform the public of the matters the board intends to consider so that the public board intends to consider so that the public can decide whether to participate in the can decide whether to participate in the meeting meeting

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Amending the Agenda Amending the Agenda

• Only with 2/3 vote of

Only with 2/3 vote of all all members members

• Cannot add item if:

Cannot add item if:

• f reasonably major importance, and
• f reasonably major importance, and
• will affect a significant number of people

will affect a significant number of people

Emergency Meetings Emergency Meetings

• imminent peril to public health, safety

imminent peril to public health, safety and welfare, or and welfare, or

• unanticipated event

unanticipated event

• requires meeting in less than 6 calendar

requires meeting in less than 6 calendar days days

Minutes Minutes

• Written minutes required

Written minutes required

• True reflection of matters discussed and views of

True reflection of matters discussed and views of participants participants

• Date, time and place

Date, time and place

• Members present/absent

Members present/absent

• Substance of all matters proposed, discussed or

Substance of all matters proposed, discussed or decided decided

• Record, by member, of votes

Record, by member, of votes

• Other information that a member requests be

Other information that a member requests be included included

Office of Information Practices The Sunshine Law 10

Minutes, continued… Minutes, continued…

• Public within 30 calendar days

Public within 30 calendar days

• Executive meeting minutes may be withheld

Executive meeting minutes may be withheld for so long as publication would defeat lawful for so long as publication would defeat lawful purpose of meeting purpose of meeting

Need Help? Need Help?

• AOD

AOD --

• - 586

586-1400 1400

• E-mail: oip@hawaii.gov

mail: oip@hawaii.gov

• OIP Website: www.hawaii.gov/oip

OIP Website: www.hawaii.gov/oip