2007-03-06 Proceedings Before the Public Works Comm on February 21 2007 Concerning Bill 51

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OJ�<V Of Lincoln S.T. Ashida Harry Kim ` �,6%�; Corporation Counsel Mayor Gerald Takase Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 March 6, 2007 Sent via email; no hard copy will follow Ms. Brenda Ford Hawaii County Council 25 Aupuni St. Hilo, HI 96720 Dear Ms. Ford: RE: Proceedings before the Public Works Committee on February 21, 2007 concerning Bill 51 Our Entry No.: WRK 07-14264 On February 22, 2007, our office was contacted by the State of Hawaii Office of Information Practices (hereinafter "OIP") concerning the above bill heard before the Hawaii County Council Public Works Committee on February 21, 2007. In sum, the OIP expressed concern whether there had been a violation of the State Sunshine Law when a member of the public was allegedly denied the opportunity to provide testimony at the Committee meeting on the above bill, prior to the adjournment of the meeting. In speaking with staff and reviewing the record of the proceedings, there appears to have been an unfortunate and innocent misunderstanding with respect to not allowing Noelani Whittington, a Department of Public Works employee, the opportunity to provide testimony at this meeting. Although Ms. Whittington may not have initially expressed a desire to provide testimony, she subsequently communicated her desire to do so to the meeting monitor in Hilo (the meeting was held in Kona, but participation was allowed in Hilo via videoconference). Efforts were made during the course of the meeting and at the end to advise the Kona personnel that Ms. Whittington wished to present testimony, but she was ultimately not heard by the Committee. I again stress it is our considered opinion based upon a review of the proceedings that "HawaN County is an Equal Opportunity Provider and Employer"