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HomeMy WebLinkAboutThe Sunshine Law & Robert's Rules Training The Sunshine Law & Robert ' s Rules 2025 ya ® t } T� t� SUNSHINE LAW „„. HRS Chapter 92ry .vvvvvvvw „„„, .„ imoktff 044,01r- Sunshine Law - HRS 92 ititIEEEEEEEE Why? .....:.........rr.z. To protect the public interest, there 's a desire to make the functioning of boards and commissions as open to public „,„,,,,, „,, scrutiny and participation as possible ... " Protect people 's right to ,,.,,,...,„ know” HRS 92 - 1 Sunshine Law b Section 92-2 Definitions ► " Board " means any agency, board, commission , authority, or committee of the State or its political subdivisions which is created by constitution , statute, rule, or executive order, to have supervision , control, jurisdiction or advisory power over specific matters and which is required to conduct meetings and to take official actions. Basic precepts of Sunshine Law : Every meeting must be open to the public unless an executive session or limited meeting is allowed No discussing board business outside of an open meeting (with a few exceptions) Boards must provide notice, accept testimony, and keep minutes Cannot consider matters not included on agenda (improper notice) " Board Business " Matters over which the board has supervision , control , jurisdiction or advisory power that are before the board or reasonably anticipated to come before the commission in the foreseeable future Within the board 's authority On current or future agenda Open MRequirement HRS 92 -3 : Every meeting shall be open to the public and all persons shall be permitted to attend unless otherwise in the constitution or as closedprovided pursuant to sections 92 -4 and 92 - 5 . Types of Meetings : In Person , Multi - Site and Remote Meetings (Effective January 1 , 2022) 1 . Meeting in person at one site - traditional . 2 . Meeting in person at multiple sites connected via ICT without any remote access requirement. 3 . New type of remote meeting using ICT where board members and theublic may Y participate either remotelyor from an in - person n -person site listed on the notice . Connectivity Requirement Interaction among all members of the board and the public who are participating must be maintained under type two and three meetings. If connectivity is lost and cannot be restored within 30 minutes, the meeting must be terminated if a quorum cannot be maintained and /or if the public access point is affected . Board Member Visibility A quorum of board members must be visible to the public during the public portion of remote meetings. All board members present at the meeting must have at least an audio connection . The visibility rule does not apply during an executive session closed to the public. Members must affirm that no unauthorized person can hear them . Remote Meeting Procedures The presiding officer must announce the names of the participating members. Each board member participating from a non- public location must state who else is with the member, if anyone, but need not personally identify minors. Votes must generally be taken by roll call . A board is generally required to record a remote meeting and make the recording electronically available to the public, until posting the minutes. Open MRequirement HRS 92 -3 : the removal of any pperson who willfully disrupts a meeting to prevent and compromise the conduct of the meeting shall not be prohibited If someone is being disruptive, board can remove them .vv vvvvw Meeting by interactive conference technology 0" Notice must identify locations where board members will be physically present, if not at regular location Public can attend at any of those locations Meeting ends if audio interaction not maintained with all locations Notice Et Agenda � A V \ Must list all items that the board intends to consider Sufficiently detailed so as to provide the public with adequate notice of the matters to be considered File notice and agenda at least 6 days prior with county clerk's office and Board 's office (electronic posting replaces filing in July) "Emergency" exception permits less notice if imminent peril exists to public, health, safety, or welfare. Amending the Agenda Only with 2 / 3 vote of all members Board is entitled to ( 6 needed ) Cannot add item if : of reasonably major importance , and will affect a significant number of people Testimony All interested persons may submit written and / or oral testimony on any agenda item . A board may adopt a rule setting a �. reasonable time limit for testimony. May be limited to 3 minutes at lir,. 4; Chair's discretion . ivy" 111 IKII What about social events ? The Sunshine Law does not apply to social gatherings attended by board members at which board business is not discussed . Discussions with non - board members The Sunshine Law does not apply to non - board members , so a board member freely may discuss board business with a non - board member outside of a meeting . BUT - be careful of discussions in the presence of other board members No discussion with non-board members regarding matters discussed in closed executive session ......................................... Permitted Interactions - Two Board Members Two board members may discuss board business outside of a meeting to seek information so long as no commitment to vote is sought or made . dit Beware of serial communications Permitted Interactions - Informational Meeting / Presentation 2 or more members but less than a quorum Meeting not specifically and exclusively organized for or directed towards members of the board No commitment to vote sought or made Report back at next duly noticed - members who attended and matters discussed relating to board business Permitted Interactions - Investigatory Group 2 or more members but less than a quorum may be assigned to investigate a matter relating to official business of e F board , provided that: Scope of investigation is identified; All findings and recommendations are presented at a regular meeting; and Deliberation and decision making, if any, occurs at a subsequent meeting Permitted Interactions - Other Exceptions 2 or more members but less thanq uorum can discuss selection of board 's officers . 2 or more members but less thanq uorum can engage in discussions with head of department if discussion limited to certain administrative topics . If no quorum met, can still receive testimony and presentations . Executive Meetings Closed Closed to public Motion shall state reason for closed meeting Requires 2/3 vote of board members present if constitutes a maj ority of members to which Board is entitled Executive Meeting Purposes Personnel decisions Consult with board's attorney Investigate criminal misconduct Matters confidential by law or court order HRS § 92 - 5 Closed V'G _1 Executive Meetings . ,,, Q: Can a board hold an I .. execu .. tive session to consider ,. information that is .. ., . .. embarrassing or personal? . . I ,,,, .. A : Not unless the discussion ., falls within one of the 8 .,...„... „....... 6.„ 111 11 purposes listed in 92 - 5 . Executive Meetings Q: Must a board give notice that it intends to convene an executive meeting? A: Yes, if the executive session is anticipated in advance . However, the board is also allowed to convene an executive session if the need arises (e . g . to consult with attorney) even if it was not anticipated in advance . Minutes. r► Required by HRS 92 -9 Date, time, and place of meeting Members absent or present Substance of all matters proposed , discussed , or decided and votes taken Any other information Executive meeting minutes may be withheld -� ya ® t } Robert ' s Rules of Order ParliamentaryProcedure .vvvvvvvw Robert 's Rules of Order Govern the procedure for board meetings Generally there is a main motion, which must be seconded in order to discuss Members can debate the motion : 1 . Members must obtain the floor, 2 . Then close debate (Typically done by voice vote "all those in favor"?) 3 . Finally, majority vote needed to take an action Basic Parliamentary Procedure The chairperson maintains order and acts as the facilitator and moderator of the meeting. Generally, parliamentary rules are intended to provide organization and structure in conducting meetings in an efficient manner that ensures the protection of the members rights to properly make input during the consideration of a proposed action . Guiding Principles Every member must have an equal opportunity toparticipate . PP Y Rules must be consistently applied . Remarks during debate should be confined to the merits of the pending question . Members should be mindful of the e �' limits of debate . Motions A#A 4 p t; $ L is A motion a formal proposal by a member, in a meeting, that the commission take certain action . How a Motion is Brought Before the Commission A member makes the motion . Another member seconds the motion . The chair states the question on the motion . Call for the Q This motion is used to close debate and move on to voting on the substantive motion . Needs a 2nd . Not Debatable, Not Amendable ry 2 / 3 Vote . .vvvvvvvw Postpone to a Certain Time This motion is used to postpone the � ? substantive motion or any other matter on the agenda to a specific time or after a specific event. Needs a 2nd Debatable, Not Amendable Majority Vote Amend This motion is used to modify the Language of thependingsubstantive motion before it is voted upon . Needs a 2nd ka Debatable, Amendable MajorityVote Recess This motion is for a recess of the meeting )(interruption that does not close the meeting . Needs 2nd Not Debatable, Amendable MajorityVote Withdrawal of Motion .�p � n The maker of a motion can withdraw a motion at anytime as long as it is before the motion has been decided upon or amended . .vvvvvvvw Thank You We a reciateyou servin on our County pp of Hawaii boards and commissions �y�„ 4 �. r'rrmm a ma psto-., ., eta .....„,,,, ..„.. . „.,,,!-., • .,,,,,,„._,. .„ , t . . , . . . , ... , ,,,, ,,..,„ ,,,,,,, ,. _ , ' .....,----- ,„, 1,,. `LYS— u , • ,, ,, , .,, , ,, ,, .,, w .. 11 ,, ,,,, ' ' - ,,,,N o ,t , , , _ , .4, ., . ,___ V ____-- ._. „ ...____, , u Pr x ,,, . ri • "' _, ,,0„, ,,,,,,, a x+ ' Lyy _. _ m au: