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Page 1 of 2 Ashida, Lincoln From: Cathy.LTakase@hawaii.gov ~ ~1,~ q Sent: Thursday, June 02, 2005 1:56 PM To: IASHIDA@co.hawaii.hi.us Subject: County Council Rule No. 15 Dear Lincoln, In response to your question, County Council Rule No. 15, by its terms, does not violate the Sunshine Law. The potential problem is in the application of the rule. First, it is our general opinion that the Council may hear, discuss or take action on statements from the public unrelated to agenda items that do not constitute "board business." See OIP Op. Ltr. No. 05-02. Accordingly, if the topic is one of general concern to the Council but does not include specific and discrete issues and proposals pending or likely to arise before the board, the Council may hear and discuss the statements made. Second, it is our general opinion that the public may be allowed to make statements unrelated to agenda items that do constitute "board business" prior to the adjournment of the meeting, but that the Council may not discuss, deliberate, or decide these matters unless the board may amend the agenda to include the item under the standard set forth in section 92-7(d), HRS (not of reasonably major importance and action thereon will not affect a significant number of persons). See OIP Op. Ltr. No. 05-02. In other words, if the item raised is "board business" for which the agenda cannot be amended, the council members may only listen and cannot respond. We note that "end of agenda public statements" on agenda items, which is not covered by the Council's rule, should probably be avoided because it creates additional problems. For example, once the Council finishes its discussion of an agenda item, allowing persons to speak to those items at the end of the meeting, would likely require the Council to give clear notice to the public of the possibility that an agenda item maybe reopened by the Council, including the taking of testimony, at the end of the meeting. While it may be possible to give adequate notice that any agenda item may be revisited at the end of the meeting, it seems likely that it could result in a cumbersome, confusing and frustrating experience. Although nothing in the Sunshine Law prohibits the open forums provided for by County Council Rule No. 15, we generally discourage such forums because it is often extremely difficult to control the course of a discussion or to cut off discussion when necessary to avoid violating the Sunshine Law: It is the natural desire of council members to address the public's concerns and the natural expectation of the public that the council members respond to the issues raised. I hope this answers the questions raised. Please disregard the previous a-mail sent regarding this matter. If you have any further questions or would like me to sencjthis in Comm. No. ss 2 2 Ref. To: ptesedw ti~ 7/6/2005 Ref. care