2000-04-29 Charter Commission Minutes

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Transcript of Meeting of April 29, 2000Page 7 of 64 SANTANGELO: Okay. Thank you. PRANKE: I’m sorry I didn’t make myself clear. Only the Planning Board of Appeals, the Ethics Board and the Police Commission, the Fire Commission if that were the case, and possibly the Liquor Commission, but I’m not so sure that’s quite an oversight Commission. SANTANGELO: Thank you, Del. Thank you. RAY: Sue, did you have a question? IRVINE: I did. You’ve talked before, I think, about this records and meetings open to the public. PRANKE: Yes. IRVINE: I have a piece of paper here and I think it came from Mr. Wurdeman. I’m sorry I’m not positive, but he’s suggesting that Section 13-20 is not entirely consistent with the State Open Meetings Law. That law adequately covers this area and the present Charter requirements should be replaced by an incorporation with reference to State Law. Do you know, yourself, Del, or does our attorney know how we’re in noncompliance in our Charter? Or does Del Pranke actually agree with Mr. Wurdeman on something here? PRANKE: It’s actually at the bottom of page 30 of your Charter. It says ‘where personal matters effecting the privacy of an individual are to be considered, the Council - IRVINE: Right. Okay. PRANKE: The Sunshine Law says that a person can ask to go into Executive Session, but the Board or Commission must then make a determination in an open session, and because they’re making a determination of a major matter in an open session, it should go into the minutes. If you look at the Police Commission minutes and agendas, they just willy-nilly. If a police officer says I want to go into Executive Session, that’s it. They make no determination. I called them on it in this room at the last Police Commission meeting and they said, well, to heck with you. Go to some other court. So I will. I’ll go to the Office of Information Practices. IRVINE: I understand now. Wurdeman was talking about Section 13-20(a) and you were talking about 13-20(b). Different problems. PRANKE: I don’t know about (a). I hadn’t thought about that. I’ll look at it another time. YUEN: Are you asking me? IRVINE: Yes. YUEN: Briefly. The State Open Meeting Sunshine Law has some exceptions for Boards and Commissions to go into a private meeting which are not contained in the County Charter. Back in the late ‘70's this was taken to court by the Big Island Press Club and, I believe, it was Judge Nelson Doi. I mean, we are talking a long way back, and Judge Doi put out a ruling that said that where the County Charter was more restrictive of going into private meetings, you had to follow the County Charter. The State Law basically says that the County can have a more restrictive policy against letting the Boards go into private meetings than are contained in the State Law. I can’t really answer for the practice of all the file://\\coh01\cohweb\council\charter_commission\minutes\minutes 04-29-00.html7/1/2011