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Mr. Al Konishi <br /> Mr. Lincoln S.T. Ashida <br /> July 14, 2003 <br /> Page 3 <br /> DISCUSSION <br /> I. SUNSHINE LAW <br /> The "Sunshine Law," Hawaii's open meetings law, at part I of chapter <br /> 92, Hawaii Revised Statutes, sets out the public policy to be implemented by <br /> the law and guides our interpretation: <br /> § 92-1 Declaration of policy and intent. In a <br /> democracy, the people are vested with the ultimate decision- <br /> making power. Governmental agencies exist to aid the people in <br /> the formation and conduct of public policy. Opening up the <br /> governmental processes to public scrutiny and participation is <br /> the only viable and reasonable method of protecting the public's <br /> interest. Therefore, the legislature declares that it is the policy <br /> of this State that the formation and conduct of public policy -the <br /> discussions, deliberations, decisions, and action of governmental <br /> agencies-shall be conducted as openly as possible. To implement <br /> this policy the legislature declares that: <br /> (1) It is the intent of this part to protect the people's right <br /> to know; <br /> (2) The provisions requiring open meetings shall be <br /> liberally construed; and <br /> (3) The provisions providing for exceptions to the open <br /> meeting requirements shall be strictly construed <br /> against closed meetings. <br /> Haw. Rev. Stat. § 92-1 (1993). <br /> The Sunshine Law requires that all meetings' of the Councilz be open <br /> to the public, unless the Council votes, at an open meeting, to hold an <br /> 1 "Meeting"means"the convening of a board for which a quorum is required in order to <br /> make a decision or to deliberate toward a decision upon a matter over which the board has supervision, <br /> control,jurisdiction,or advisory power." Haw. Rev.Stat. §92-2(3) (1993). <br /> 2 References herein to"Council" and"board' are interchangeable for the purposes of the <br /> interpretation of the Sunshine Law,which defines"board" as"any agency,board, commission, <br /> authority,or committee of the State or its political subdivisions which is created by constitution, <br /> statute,rule, or executive order,to have supervision,control,jurisdiction or advisory power over <br /> OIP Op. Ltr. No. 03-12 <br />