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Joseph K. Kamelamela, Esq. April 3, 2019 Page 3 one meeting between the report and the discussion applies specifically to permitted interaction. groups, not to committees in general. See OIP Op. Ltr.No.06-02 at 5. 1 note that hearing testimony at the Ad Hoc Committee meetings would also be consistent with the requirement in section 10-4 of the County Charter,quoted in your letter,to allow public testimony at any meeting discussing the County operating or capital budget. You also asked whether the items to be investigated by the Ad Hoc Committee would prevent council members not on the Ad Hoc Committee from discussing the operating and capital improvement budgets with administrative employees and department officials. The Sunshine Law .. applies to discussions between board members, not a board member and a non-member. For instance, O1P stated in Opinion Letter Number Fl 5-02,"Staffers are not subject to the Sunshine Law in the way that members of the board themselves are, and communications between a board member and staffer,or between two staffers,are not generally subject to Sunshine Law scrutiny in the same way as communications between two board members." OIP Op. Ltr.No. F15-02 at 6. While this general rule does have a limited exception in a situation in which, for instance,a board staffer is "merely [a] go-between[]tasked with passing on the information" from one member to another,this ,is a rare case and it seems very unlikely that a Council member's discussion of the operating and capital improvement budgets with administrative employees or department officials could be considered a discussion among Council members subject to Sunshine Law scrutiny. See id. Finally, I note that Communication 149.1,which you provided for my review, is a memorandum from one Council member to the remainder of the Council. As it was discussed and approved at a public meeting and is stamped as received on the same date as the meeting, I presume that it was not provided to the other Council members until that same public meeting and so was not a written discussion of Council business outside a meeting,which would be inconsistent with the Sunshine Law's requirements. Thank you for checking with OIP as to the Sunshine Law's requirements before having the Ad Hoc Committee begin its work. This letter also serves as notice that OIP is not representing anyone in this matter. OlP's role herein is as a neutral third party. If you have any questions concerning this matter,please contact OIP. ery truly,ours Ip___ dinifer Z. Brooks 1 taff Attorney JZB:za