2007-03-09 Investigation Into Alleged Sunshine Law Violations

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Honorable Leslie H. Kondo March 9, 2007 Page 3 promptly replied to our request to provide information concerning their recollection of what was discussed with the media. Council Member Higa stressed his intent was to "set the record straight" about the February 23, 2007 West Hawaii Today article. He indicated they "answered questions on what was portrayed in the newspapers, and made sure we did not discuss how we would vote or detailed information about any pending county business." Council Member Higa further noted, "I will state that Mynah Bird asked a question regarding Mr. (Council Member Dominic) Yagong's attack on Mr. (Council Member Donald) Ikeda, and asked if it had anything to do with Mr. Ikeda's resolution about 'fiscal prudence' in building the West Hawaii Civic Center. I did state that I will comment on Mr. Ikeda's resolution because it was voted down at the last council meeting."4 Council Member Yoshimoto indicated "Nothing was discussed that (came) under the definition of board business. I did speak to the allegation that my absence from a portion of the subject council meeting which was described by the Hawaii Tribune-Herald as 'unexplained' as completely false. However, my discussion (or my absence) was not board business and was my effort to bring out the truth that I was excused and the chair knew that I would leave the council meeting early to attend another meeting in Kea'au." Council Member Nae'ole indicated her intent was not to violate the Sunshine Law, but to set the record straight on the issue of her early departure from the February 22, 2007 Council meeting. As we understand it, the Office of Information Practices (OIP) received an anonymous inquiry from a caller raising concerns about potential State Sunshine Law violations. However, no formal written complaint was filed with OR Thus, no investigation by the OIP has ensued. In an effort to address these concerns for the benefit of the public and the Council members involved, our office initiated an investigation into these allegations. As discussed with the OIP, our primary objective was, in the event any violation occurred, (1) to supplement the record of the item of Council business so as to protect the public's right to participate and know, and (2) to provide education and guidance to the Council members so as to avoid any future violations. We conclude that much of the concern raised in the media reports and elsewhere concerning possible violations of the Sunshine Law were the product of a general misunderstanding of what is permitted under the law, with respect to ° Resolution 46-07, seeking to encourage the Administration to construct the necessary components of the West Hawaii Civic Center in a fiscally prudent manner, was defeated (this was the second and final reading), and is not expected to return to the Council for official action.