2003-02 OIP Opinion Re Executive Meetings

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Mr. Al Konishi Mr. Lincoln S.T. Ashida July 14, 2003 Page 2 ISSUES PRESENTED I. Whether the Sunshine Law authorizes individuals, other than board members and legal counsel, to attend executive meetings closed to the public. II. Whether, under the Sunshine Law, more than one attorney representing a board may attend an executive meeting. BRIEF ANSWERS I. Yes. When, in order to accomplish the purpose of convening an executive meeting, a board requires the assistance of non-board members, a board is authorized under the Sunshine Law to summon the non-board members to participate in the closed board meeting. II. Yes. More than one of a board's attorneys may attend an executive meeting to advise the board concerning the board's powers, duties, privileges, immunities, and liabilities. FACTS On January 30, 2002, Mr. Al Konishi, County Clerk, County of Hawaii, requested an opinion from the OIP relating to attendance at Council executive meetings, specifically whether the Sunshine Law is violated when non-board members, other than legal counsel, are present during an executive meeting. Mr. Konishi advised that it is his belief that the Council has discretion to allow individuals other than members of the Council to be present, "so long as their presence and participation advances or facilitates the purpose of the executive session." On March 6, 2002, Mr. Lincoln S.T. Ashida, Corporation Counsel, County of Hawaii, wrote to the OIP, supplemented Mr. Konishi's request and requested clarification of whether more than one attorney from his office can participate in executive meetings. Both Mr. Konishi's and Mr. Ashida's requests appear to arise from a letter from Mr. Del Pranke questioning the Council's practices of(1) allowing non-council members to attend executive meetings and (2) permitting more than one attorney from the Office of the Corporation Counsel to attend executive meetings. A copy of Mr. Pranke's letter was provided to the OIP. OIP Op. Ltr. No. 03-12