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State Sunshine Law Update
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12/29/2021 5:00:36 PM
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Board Packet <br /> •Documents compiled by board & <br /> distributed to board members before <br /> meeting <br /> •Only what's public under UIPA, <br /> Chapter 92F, HRS <br /> •Nothing the board can't reasonably <br /> redact in time <br /> Boards are also required to provide access to the board packet. What is a board <br /> packet? These are documents compiled by the board and distributed in advance to its <br /> members for use at the meeting. Unlike the meeting notice, the board packet may be <br /> distributed less than six days before the meeting since it will likely include public <br /> testimony submitted for the meeting. <br /> The public board packet that must be made available for public inspection need only <br /> include those documents that should disclosed under the UIPA, or chapter 92F, HRS. A <br /> board is not required to disclose executive session minutes, license applications, or <br /> other records for which the board cannot reasonably complete its redaction of <br /> nonpublic information in the time available before the packet is distributed to board <br /> members. <br /> The law potentially allows withholding of more information from the public board <br /> packet than could be withheld in response to a 92F UIPA request, in recognition of the <br /> shorter timeframe to prepare the public packet. For instance, a long document with <br /> confidential information throughout it could be entirely withheld from the public <br /> packet. Or, for a long document with several distinct sections, only some of which are <br /> confidential, the public board packet should include only the non-confidential sections. <br /> But even if it's a long document, a board should include it in the packet for public <br /> inspection if the entire document is clearly disclosable under the UIPA. <br /> 24 <br />
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