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& Robert ' s Rules
2025
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SUNSHINE LAW
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HRS Chapter 92ry
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Sunshine Law - HRS 92
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Why? .....:.........rr.z.
To protect the public interest,
there 's a desire to make the
functioning of boards and
commissions as open to public „,„,,,,,
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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
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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
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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 �
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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
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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 .
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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
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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
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Executive Meetings
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Q: Can a board hold an I ..
execu ..
tive session to consider ,.
information that is .. ., .
..
embarrassing or personal? . .
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A : Not unless the discussion
.,
falls within one of the 8 .,...„...
„.......
6.„ 111
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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 -�
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Robert ' s Rules of Order
ParliamentaryProcedure
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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 .
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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
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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
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2 / 3 Vote .
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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
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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 .
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Thank You
We a reciateyou servin on our County pp
of Hawaii boards and commissions
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