Sunshine Law Requirements for Multi-Site and Remote Meetings, Effective January 1, 2022

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Options two and three both rely on an ICT connection to con nectmembers and the public who are not all in the same physical location. The primary difference between these options is that option two is an entirely in -person meeting, even though it has more than one meeting site, and therefore this option does not require the board to also provide a way for the public to remotely view and testify at the meeting. Under option two, board members and the public must go to one of the in -person meeting sites listed on the notice to attend (although the board is allowed, but not required, to offer unofficial "additional" sites or accept telephone testimonyto accommodate members of the public). Only under option three would members of the board and the public have the right to remotely participate in a meeting from private locations. Underboth optionstwo and three, the ICT being used mustallow for interaction among all members of the board and the publicwho are participating in the meeting. If the ICT connection is interrupted between the multiple in -person meeting sites under option two, or during a remote meeting held underoption three, the meeting may haveto be terminated underAct220's provisions, to be further discussed below. In contrast, if the ICT connection is interrupted orlost onlyto "additional locations" described below, the meeting can still continue. II. Additional Unofficial Meeting Locations (formerly known as "courtesy" sites) Besidesthe official in -person meeting sitesthat could be set up underoption one or two, and the required physical location connected to the remote meeting underoption three, the Sunshine Law allows boardsto set upadditional unofficial in -person sites. Prior to the amendments adding the remote meeting option, the Sunshine Law did not explicitly recognizethat option. However, OIP interpreted theformer languageof section 92-3.5, HRS, including its requirementthata meeting terminate if connection islostto one site, to only applyto sites that are noticed as official meeting sites where board members may be present and notto additional sites made availableto the publicwith the understanding thatno board member would be present. OIP previously referred to these unofficial additional sites as "courtesy" sites. OIP's interpretation is now codified in the Sunshine Law's amendment to expressly allow boards the option to set up unofficial "additional locations" for the public's convenience, where board members will not be present and there is no requirementthat the formal meeting be recessed or terminated if the ICT connection failstothese additional locations. It must be emphasized that providing an additional location does not change the board's obligation underanyof the three options to provide at least one in - person meeting site open to the publicthat must stay connected to the meeting. Additional locations can be used to help members of the public watch or testify at a meeting without having to either use theirown connection to a remote meeting or travel to the nearest official meeting site, without increasing the boards' risk of having to terminate meetings early due to connectivity problems. When aboard provides an additional location for a meeting, its notice must inform the public that attendees at that site might miss out on part of the meeting in the event of a lost connection. Despite the risk of ICT connection to the official meeting being lost, for some members of In -Depth Sunshine Law Requirements for Remote Meetings, Effective 1/1/2022 Page 3