In-Depth Sunshine Law Requirements for Multi-site and Remote Meetings

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The Sunshine Law now provides boards with three distinct options to conduct public meetings: (1) a meeting in person at one site, which is the traditional method; (2) a meeting in person at multiple sites connected via ICT, without anyrequirementto provide remote access, as previously allowed; or (3) a new type of "remote" meeting using ICT where board members and the public may participate either remotely, or from an in-person site listed on the notice. In recognition of the digital divide, which may affect members of boards and the general public, all three options require at least one in-person meeting site. Option one is how Sunshine Law meetings have traditionally been held, at one physical location where all members of the board and the public attend in person. Boards withoutthe staffing, equipment, or technical ability toconductremote meetings can continue to use this in-person meeting option, since there is no requirementfor boards to provide ICT connectivity. Option two was also an available Sunshine Law meeting option before the amendments effective January 1, 2022, were passed, under which a public meeting may be held at multiple in-person meeting sites connected by ICT. Members of the board and the public can choose to attend any of the in-person public meeting sites listed on the meeting notice. The sites are connected to each other by ICT, thus allowing people from various islands or parts thereof to simultaneously participate in the same in-person meeting being held at multiple meeting sites. Option two continues to allowwhat has been the preferred meeting practice of some boards to connect members or constituents on different islands(e.g., Mau i County Council,to connect Maui, Molokai, and Lanai), or widely separated locations on the same island (e.g., Hawaii County Council,to connect Hilo and Kona). Option two does not require a board to provide a way for the public to attend and testify remotely from a private location of the public's choice (e.g., theirown homes or businesses), although it also would not prevent a board from accepting telephone testimony or something similar. Option two does require all board members to attend in person at one of the meeting sites, unless they are disabled and are thus allowed to participate remotely. Option three is a newly created section of the Sunshine Law allowing remote online meetings, similarto what boards did during the COVID-19 pandemic as authorized by the Governor's emergency orders, but with enforceable public access standards appropriate for remote meetings held in normal, non-emergency circumstances. For a remote meeting, all board members as well as the public can participate via ICT from their private homes, offices, or other locations. They also have the option to attend from the in-person public meeting site connected to the remote meeting that the board must provide, which accommodates any member of the public or the board who preferto attend at a physical location ratherthan using theirown remote connection. In-Depth Sunshine Law Requirements for Remote Meetings, Effective 1/1/2022 Page 2