HomeMy WebLinkAboutCOM 0322.001 2004-2006 Page 1 of 2
Ashida, Lincoln
From: Cathy.LTakase@hawaii.gov ~ ~1,~ q
Sent: Thursday, June 02, 2005 1:56 PM
To: IASHIDA@co.hawaii.hi.us
Subject: County Council Rule No. 15
Dear Lincoln,
In response to your question, County Council Rule No. 15, by its terms, does not
violate the Sunshine Law. The potential problem is in the application of the rule.
First, it is our general opinion that the Council may hear, discuss or take action on
statements from the public unrelated to agenda items that do not constitute "board
business." See OIP Op. Ltr. No. 05-02. Accordingly, if the topic is one of general concern
to the Council but does not include specific and discrete issues and proposals pending or
likely to arise before the board, the Council may hear and discuss the statements made.
Second, it is our general opinion that the public may be allowed to make statements
unrelated to agenda items that do constitute "board business" prior to the adjournment of
the meeting, but that the Council may not discuss, deliberate, or decide these matters
unless the board may amend the agenda to include the item under the standard set forth
in section 92-7(d), HRS (not of reasonably major importance and action thereon will not
affect a significant number of persons). See OIP Op. Ltr. No. 05-02. In other words, if the
item raised is "board business" for which the agenda cannot be amended, the council
members may only listen and cannot respond.
We note that "end of agenda public statements" on agenda items, which is not covered
by the Council's rule, should probably be avoided because it creates additional problems.
For example, once the Council finishes its discussion of an agenda item, allowing persons
to speak to those items at the end of the meeting, would likely require the Council to give
clear notice to the public of the possibility that an agenda item maybe reopened by the
Council, including the taking of testimony, at the end of the meeting. While it may be
possible to give adequate notice that any agenda item may be revisited at the end of the
meeting, it seems likely that it could result in a cumbersome, confusing and frustrating
experience.
Although nothing in the Sunshine Law prohibits the open forums provided for by
County Council Rule No. 15, we generally discourage such forums because it is often
extremely difficult to control the course of a discussion or to cut off discussion when
necessary to avoid violating the Sunshine Law: It is the natural desire of council members
to address the public's concerns and the natural expectation of the public that the council
members respond to the issues raised.
I hope this answers the questions raised. Please disregard the previous a-mail sent
regarding this matter. If you have any further questions or would like me to sencjthis in
Comm. No. ss 2 2
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7/6/2005 Ref. care
Page 2 of 2
letter form, please let me know.
Sincerely,
Cathy L. Takase
Staff Attorney
Office of Information Practices
No. 1 Capitol District Building
250 South Hotel Street, Room 107
Honolulu, Hawaii 96813
Ph: (808) 586-1400
Fax: (808) 586-1412
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