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SANTANGELO: Richard, in reference to this, people like John and myself who just filed, do we have to do it again? • WURDEMAN: I would say yes, it's a different position. Any questions on that? Second, the Sunshine Law. As a commission set up to do very important business, you are subject to Chapter 92 of HRS, which is commonly called The Sunshine Law. Essentially that means that all of your proceedings have to be in public, in the open, and properly noticed. There some exceptions. Before I get into the exceptions, let me say that there is a lot of people in this County who come to all kinds of meetings with all kinds of opinions about the Sunshine Law and sometimes these opinions, to be quite frank about it in my opinion, are merely rendered to sort of sabotage the orderly proceeding of government. So you shouldn't be intimidated by it, but it is the law. The penalties are, conceivably, though I've never known anyone to be prosecuted for it, subject to, it's a misdemeanor. There are criminal penalties. The exceptions: Some of these exceptions are new, relatively new, and they were put in as sort of a utilization of the law because of the hardships of the original form of the law put on doing business. There is one for emergency meetings, which I doubt if you'll ever use, but it's there, if there's an imminent peril to the public's health, safety or welfare. There are others. One is to consider and evaluate personal information relating to individuals applying for licenses, that doesn't apply to you. To consider hiring, evaluation, dismissal or discipline of an officer or an employee, which may or may not apply. I don't know if whether arrangements have been made or whether there will be staff retained by you. To consult with the board's attorneys on questions and issues pertaining to the powers, duties, privileges, immunities and liabilities — that is most commonly used when there is a law suit filed. We hope that doesn't happen. It's sometimes misused, not to my knowledge in this County, but I've seen it misused at the State level in particular, where Boards think that if they go into their back room with their attorneys that they can do anything that they want, and I recommend against that. Here's one: To consider matters relating to the acceptance of private donations. That probably won't apply. And there is a prohibition against "chance meetings". So, beware of that. "No chance meeting shall be used to circumvent the spirit or requirements of this party". A new section that was put in in 1996, and some of you may not be fully aware of it, "92-2.5. Permitted Interactions of Members. A. Two members of a Board may communicate or interact privately between themselves to gather information from eachother about official matters to enable to perform their duties faithfully so long (and this is the important point) as no commitment to vote is made or sought." So, two of you on your way home to Kohala or wherever can talk about Board business, but be very careful about promising your vote. B. Two or more members of a Board but Tess than a quorum, may be assigned to investigate. matters relating to board business providing that the scope of each members' authority is defined at the meeting of the Board, all resulting findings and recommendations are presented to the Board at a meeting of the Board and deliberation is held at the Board. That provides that should a particular matter come before you and you want to appoint