2003-08-14 Further Clarification of OIP Opinion Re Executive Meetings

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We also stress the importance of adhering to the requirements of our Hawaii County Charter, with respect to open meetings. Article XIII, Section 13-20(b), of the Charter provides in pertinent part as follows: All meetings of the council, boards and commissions shall be held in the council meeting room or other public places and no such bodies shall take any official action except at a meeting open to the public. Where personal matters affecting the privacy of an individual are to be considered, the council, board or commission may, at the request of the individual involved, consider such matters in closed session; however, any official action resulting therefrom shall be acted upon in an open meeting. Boards and commissions that are empowered to give examinations to determine the capabilities of individuals shall be excepted from the provisions of this section when technical examinations and questionnaires are being drafted by such bodies. The earlier OIP opinion was written in response to a request from County Clerk Al Konishi and I regarding who may be present during executive meetings. As a practical matter, the Hawai'i County Council rarely goes into executive session, with the exception of discussing ongoing litigation cases with our attorneys. With respect to such attorney-client discussions, a closed meeting is permissible, based upon a 1977 order by former Third Circuit Court Administrative Judge Ernest Kubota, wherein the Court opined that the above-cited Charter provision allows discussions with counsel regarding pending or imminent litigation, or pending contested cases in administrative proceedings. See County Council v. David Shapiro, Civil No. 4684 (Third Circuit Court, Second Division, July 13, 1977). However, other boards and commissions may desire to hold executive meetings to discuss personnel matters, or other items where a significant privacy interest exists. In these situations, although the State Sunshine Law may permit such private meetings, our County Charter may not, absent the consent of the person whose privacy interest in impacted. In these situations, the specific consent of the person involved should be sought. Thank you for allowing our office to clarify these important issues with our County clients. If you have any questions regarding this matter, I invite you to contact me at 961-8304, extension 26, or via e-mail at lashida @co.hawaii.hi.us. Thank you. Encl. cc: Honorable Harry Kim, Mayor(w/encl.) All Department Heads (w/encl.) S: Departments/Corp Counsel/Memo 2003-4 7-31-03/LSAmr 2