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MIN CHC 1989-01-11
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MIN CHC 1989-01-11
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Last modified
4/9/2018 9:56:09 AM
Creation date
4/9/2018 9:56:07 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
1/11/1989
Type
MIN
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AGE CHC 1989-01-11
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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meeting, wording what they wanted to and saying okay this is <br /> • what we're gonna to do and we're gonna vote on this without <br /> letting either the public or the rest of the commission know <br /> about it, that's what these things are intended to prevent. <br /> They want to make sure that an important part of deliberation <br /> for any board, legislative or a commission such as this, is <br /> the information you take--the testimony you take upon which <br /> you base your decision. So they want all of this; all of the <br /> testimony should be taken in public in the open and the <br /> deliberation and the discussion done also in public. There <br /> are, now, there is a section which you will note in here <br /> under the Sunshine Law which lists exceptions, 92-5; now <br /> these are exceptions under the state Sunshine Law but you <br /> must be careful about this because as I've explained that, <br /> later on in part two of this, the County Charter's open <br /> meeting section. There are exceptions listed here for when <br /> the board may hold a meeting closed to the public for <br /> following purposes and it lists about six of these. Now, <br /> this is further restricted by the County Charter; there is a <br /> further provision here which I cite in the state Sunshine Law <br /> which states that under Section 92-71 the state Sunshine Law <br /> provides standards for open meetings but the County <br /> Charter(s) may restrict those even more and require even more <br /> openness than the minimum standards set by the state Sunshine <br /> Law and the Hawaii County Charter in fact does this. As I've <br /> reproduced Section 13-20, this states subsection (b) : All <br /> • meetings of the council, boards and commissions shall be held <br /> in the council meeting room or other public places and no <br /> such bodies shall take any official action except at a <br /> meeting open to the public. Now it says where personal <br /> matters affecting the privacy of an individual are to be <br /> considered, the council, board or commission may, at the <br /> request of the individual involved, consider such matters in <br /> closed session; however, any official action resulting <br /> therefrom shall be acted upon in a open meeting. Boards and <br /> commissions that are empowered to give examinations to <br /> determine the capabilities of individuals shall be excepted <br /> from the provisions of this section when technical <br /> examinations and questionnaires are being drafted by such <br /> bodies. The term "official action" as used in this section <br /> means a collective decision made by a majority of the members <br /> of the council, board or commission, or an actual vote by a <br /> majority of the members of the council, board or commission, <br /> when sitting as a body or an entity, upon any matter before <br /> the council, board or commission. <br /> ROBERT BETHEA: Fred, let me interrupt you with another <br /> question. I assumed or let me ask you, do you have any <br /> objections if the commission members interrupt and ask any <br /> particular questions? <br /> • 4 <br /> 1 <br />
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