RES 364 Draft 01 2008-2010 - Laserfiche WebLink

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COUNTY OF HAWAII RESOLUTION NO. 364 10 STATE OF HAWAII A RESOLUTION TO SEEK THE OPINION OF AN ATTORNEY IN THE PRIVATE SECTOR ON WHETHER HAWAII REVISED STATUTES CHAPTER 92 (PUBLIC AGENCY MEETINGS AND RECORDS), COMMONLY REFERRED TO AS THE "SUNSHINE LAW," IN ITS PRESENT FORM, CONSTRAINS THE COUNCIL FROM EFFECTIVELY AND EFFICIENTLY PERFORMING ITS DUTIES. WHEREAS, the Hawai`i State Legislature created Chapter 92 of the Hawai`i Revised Statutes (Public Agency Meetings and Records), commonly referred to as the "Sunshine Law," with the intent to lend transparency to legislative proceedings; and WHEREAS, the Hawai`i State Legislature exempted itself from the strict provisions of this law, as it recognized that the law prohibited the latitude to effectively debate critical legislation; and WHEREAS, the County Council is elected by the citizens of its respective council districts to perform virtually the same role as the State Legislature in deciding issues pertinent to each district; and WHEREAS, the County Council is charged with creating legislation of at least similar or perhaps greater importance to that of the Hawai`i State Legislature; and WHEREAS, for the same reasons that would have affected the State's ability to perform its duties, the County Council is not able to perform its duties under the constraints of this law; and WHEREAS, exemption from compliance of the "Sunshine Law" on the part of the Hawai`i State Legislature creates a precedent in exposing the debilitating effect of said law upon the County Council; and WHEREAS, an opinion indicating the probability for reversal of the "Sunshine Law" could allow the council to act upon the recommended action of said attorney; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it will seek a private sector attorney's opinion as to whether Hawai`i Revised Statutes Chapter 92, otherwise known as the "Sunshine Law," constrains the Council from effectively and efficiently performing its duties as an elected body. BE IT FURTHER RESOLVED that the private sector attorney shall be selected by the Council with compensation to be determined by its members through appropriate legislation.