Communication No 2022-01 -Sunshine Law Slides

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Communication Number 2022-01 On current or future agenda 7 business. For example, many boards give their Chair the sole prerogative to set the agenda, which is not decided on by the board as a whole, so members can ask the Chair outside of a meeting to place an item on an upcoming agenda. Similarly, many administrative matters, such as travel arrangements for neighbor island board not considered board business. But if a matter is about a specific issue that the board board members cannot talk to each other about such matters outside of a meeting. The second element is that the board matter must be an issue on the current or a future or reasonably foreseeable future agenda. An issue is no longer board business once the board has finished dealing with it or does not anticipate it coming back before the board. But if it is an issue that can be reasonably expected to be on a current or near future agenda, then it could be board business that should not be discussed outside of a meeting. For example, OIP has issued an opinion involving whether the Hawaii County Council had violated the Sunshine Law by not noticing a meeting where Council had no authority over the volcano and there was only a speculative possibility that future emergency funding would be required at some point, OIP held that this was not reasonably foreseeable board business at the time. Of course, in a new factual 7