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, 'Submitted by Mark McNett 4110
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view your Re:(3)HCC items Ftide Details
(: 2011 Credit Report SUSH
FROM: Ir) rk la rl ILII Tuesday,November 25 2011 351 PM
Inbox 191 ...... - COUP *.3
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cc: marknlenettrAholutail.cern
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Dear Ms.C.A.: I met HI Co.Clerk,lanae Kawauchi in the 2 P.M.hour this afternoon.
and she was most unreasonable re:your points as to sufficient detail and decision to .
Folders attend and offer testimony.I'li phone 11/30/I I with details. 'truly, MMcN s rx
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Online Contacts
From:•'oil hawaii.gov"<oip@hawaii.gov> .
Facebomr Friends To:Mark McNett<markmcnett(a)yahoo.corn> `
Applications Sent:Friday,November 18,2011 4:04 PM
Subject:(3)HCC items
AIS My Purchases
Attach Large Fres Dear Mr.McNett, 5 •
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Automatic Organizer ) '
The Office of Information has jurisdiction to receive and resolve complaints concerning the failureCai
1117ri of any board to comply with the Sunshine Law,part I of Chapter 92,Hawaii Revised Statutes.
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;_vitt For your information,the Sunshine Law requires a board meeting notice include an agenda that
Flick: lists all items to be f'
considered at that meeting.Haw.Rev.Stat.§92-7(a). OIP interprets section 92-7(a)to require
My C:oo!Donis that an agenda list each item a board intends to consider with sufficient detail to allow a member
Notepad of the public to reasonably understand the subject of the matter the board intends to consider at
Stationery the meeting so that he or she can decide whether to attend and to participate through oral or
written testimony. See OIP Op.Ltr.No.03-22;OIP Op.Ltr.No.07-02. However,the Sunshine a
Jnsubscriber Sn .yr.' t.e deaf f
Law does not expressly require that documents or presentations to be discussed at a meeting be
available for public inspection at the meeting. And,DIP has opined in Opinion 03-08 that theWiti
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Sunshine Law does not require that reports for consideration of boards be available for public
.1-rmgmtg4j inspection at the time the board's notice and agenda for a public meeting are filed.
ttke tha L ,Cosrrms`2
rleta:sxeawraurroHk. ontoI understand from our telephone conversation yesterday that you have complaints regarding
FnK-.nt:4c artsa4n,r"rror,e, •,; presentations that were made at several different meetings of the Hawaii CountyCouncil.
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m1tF8agatver,e�n However,it is unclear from your email exactly what your issues are. If the paragraph above does
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sbbWei+nm+w drr r �" not answer your questions,please provide clarification regarding your email below as specifically
..,<ct Yotii Noar ,vert n as possible,perhaps by describing the specific complaint you have regarding each meeting,and
all relevant facts and circumstances surround each situation.
Your questions regarding a copy of the Hawaii County Council rules and time limits on testimony
will be responded to in a separate email.
Carlotta Amerino
Staff Attorney
Office of Information Practices
State of Hawaii
No.1 Capitol District Building
250 S.Hotel St.,Suite 107
Honolulu,Hawaii 96813
Tel.:808-586-1400
Fax:808-586-1412
E-mail:oip@hawaii.gov
Comm. P/
Ref. To:
Ref. Date DEC 03)201?
http://us.mm13.mail,yahoo.com/neo/launch?.rand=7g6mgh2h32np8 12/9/2011
(191 unread) -markmcnett - Yahoo! Mail . Page 1 of I
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st'1,,, iii.Mark Siari %u' C.ioaon;. I•lch, Upgrade to Safer 1E9 Ma: tvby Y. Yahoo'
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1 view your Re:Re;Hawaii County Council and its committees Hilae Dhiells ue ca
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.a;G. 2011 credit Report �i
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FROM: •Mark h"I lett Wednesday,November 23 2011 1,10 PM _
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Inbox 191 :
To: olr ah Rij.rY:
Draft a r l! xs s
cc: nl rkn..n_ti@liolrnail.tom
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Trash Ms.C.A.: If you Had clicked Print Preview after open in_Council Rules and then Print, �`` '*rc -,5
1,,,..21, n x
you may Have seen the problem and still been able to stop the print process.Any way.I'01 *i ii 2,40:1470
Folder:; about to try one moo:time and will advise you of result. Truly, MMi,,n .7'
t "� .
Online Contacts } .r;,
From:"oi0itthawaii.gov"<oip@hawaii.gov> a �
Facebook Friends To:Mark McNett<markmcnett�;vahoo.com> '''4,*;:?.'` °A'1, i. :
I Applications Sent:Friday,November 18.2011 4:12 PM
Subject:Re;Hawaii County Council and its committees t ry
All My Purchases
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Attach Large Ries Dear Mr.McNett ' .r1` ` '
Large
Automatic Organizer Thank you for your telephone call and email. This email responds to your questions regarding(1) �.� 1 `.„t
a copy of rules,and(2)testimony length. t` ¢ '
Calendar (1)The Uniform Information Practices Act(Modified),Chapter 92F,Hawaii Revised Statutes $ `
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(UIPA)is Hawaii's open records law. Among other things,the UIPA requires that governmentIlf r, e
E:-Its records are open to public inspection and copying unless access is closed or restricted by law. * `" x 'it:7,
Flick HRS section 92F-11(a). You stated that you have been unable to print a set of Rules of ;r
,.� t .YA . of
Procedure and Organization of the Council of the County of Hawaii from the County website at #fes
My Coo'Fonts your local library,and thatyou cannot afford to payfor a copy. You esked bytelephone that the ®,�
D', P CLICK HTCP
i Notepad Office of Information Practices try to print this document,approximately 58 pages,to see if it �!p�
Stationery works. Due to the length of the document,and in light of our budgetary constraints,OIP wit not '" RN MORE.4
Unsuoscriber be printing a copy of this document. We were able to open the document electronically using the 4,`. h:, r t,' {f
link you sent. Our recommendation is that you contact the County Council directly for access to AtQes niePes WSiO r
_ their rules. If you do do not wish to pay for a copy,the Council should provide you with a copy for a sp ediikRelkoPicia,„
Mr-"I''''��. your inspection. You may also ask the Council to consider a request for a copying fee waiver.
4`'��University of Phoenix,ti Please note that copying fees fall under HRS section 92-21,and OIP does not have jurisdiction
iarhelor's Mantel f over this section of the law.
sns,nis, rr:e, (2)You asked about the County Council's policy of limiting testimony to 3 minutes at the
wurs:ng Educatior: beginning of its meetings OIP has opined that boards and commissions subject to the Sunshine
Eoucatwr Doctoral g g 9 P 1
Ceorne evahees 9usir,essAdanm.i Law,part I of HRS Chapter 92,may place restrictions on length of oral testimony by members of
Cr,mnir>;,I;o;icr HealrhMnain. 1 the public so long as the restrictions are reasonable under the Sunshine Law and comport with
.• rt.< 4 Constitutional requirements. OIP.Op.Ltr.02-02. In that opinion,OIP found that the Honolulu
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City Council's rule providing for 1 minute of oral testimony was not unreasonable. Additionally, ,
OIP Opinion Letter 06-01 opined that public testimony on all agenda items may be taken at the
beginning of a meeting.
I hope this information is helpful. A separate response was sent to your email with the subject line
"(3)HCC items"separately.
Carlotta Amerino
Staff Attorney
Office of Information Practices
State of Hawaii
No.1 Capitol District Building
250 S.Hotel St.,Suite 107
Honolulu,Hawaii 96813
http://us.mg3.mail.yahoo.com/neo/launch?.rand=7a6mah2h32nn8 12/9/2011