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Sunshine Law and the County Charter's open meeting <br /> S provision. So what the county council does would be a very <br /> good guide to follow. (laughter) <br /> PETE L'ORANGE: We can convene? (laughter) <br /> FRED GIANNINI: No, I mean not convene. <br /> FRANCINE DUNCAN: You feel the same rules apply, the general <br /> convening? <br /> FRED GIANNINI: The Sunshine Law and the county open meeting <br /> provision both apply equally to the county council, the <br /> charter commission, and all of the other boards of the county <br /> such as the Liquor Commission, the Planning Commission and <br /> all of them. When in doubt as far as the open meetings, the <br /> preferable thing to do is to always go on the side of <br /> openness. If you have any ideas about deliberating or taking <br /> testimony, always do it at the public meeting. Make sure <br /> that as much of this is carried out in public <br /> meetings--that's the purpose of the county charter's open <br /> meeting provision and also the state Sunshine Law. <br /> FRANCINE DUNCAN: Fred, do you have any case history where <br /> commissions similar to ours may have violated Chapter 92? <br /> FRED GIANNINI: There are a number of Attorney General <br /> 41, opinions in which advisory opinions have been asked by the <br /> Attorney General's office as to whether certain things <br /> violate the Sunshine Law. There was a, I believe, one <br /> opinion it had to do with the Office of Hawaiian Affairs. <br /> And it stated that, what they were proposing was to take the <br /> members of the OHA Board--take them off on a sorta of like a <br /> retreat weekend at which they would discuss the way in which <br /> their office was going to work, of how their board was going <br /> to work, and also discuss policies to pursue in the future. <br /> The Attorney General's office said that that would have <br /> been--that they should not do this because that would be a <br /> violation of the state Sunshine Law. Anytime in which you <br /> discuss the policy among the people who have the <br /> responsibility to come out with the decisions whether it be <br /> legislative like the county council, or something, or this <br /> commission which is given a specific job, those should not be <br /> done in closed meetings but should be done in open meetings. <br /> If you want to find specific ones look at the handout I gave <br /> you and read some of the sections down at the bottom in the <br /> fine print beneath each section you will see cases referred <br /> to. I didn't reproduce those cases but some of these things <br /> encapsulate what a court decision was or an attorney <br /> general's opinion and you can go to those opinions <br /> 110 7 <br />