HomeMy WebLinkAboutCOM 0452.005 2004-2006 Page l oC 1
Murashige, Laura
From: Schneyer, Jerry [Jerry.Schneyer@cambridge-na.com] , i -
Sent: Tuesday, November 08, 2005 11:22 AM
To: counciltestimony@co.hawaii.hi.us
Subject: RE: Comm. 452.2 Sunshine Law -Proposals for 2006 HSAC Legislative Package ,November 9,
2005 -agenda item
Chairman, Stacy Higa and Council members:
Attached is testimony I would like to present at the November 9th meeting. Thank you.
~::'~i~~1[~RIC~t~:SF
Jerry Schneyer
Senior Vice President
808.327.0044 Main
808.327.0099 Fax
808.937.0770 Cell
877.607.0786 Toll Free
Cambridge Galaher Settlements
75-5722 Kuakini Highway, Suite 106
Kailua-Kona, HI 96740
Jerry.5chneyer@cambridge-na. com
www.cambridgegalaheccom
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Ref. io: Pte Mi~t~~
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The statute is specifically designed and intended to protect the right of the people
to know. It does not state it should only apply to appointed and not elected
bodies; rather, it applies to all "government agencies". This includes all County
Councils and other elected legislative boards.
The proposed bill states, "In many cases legislative board members cannot
attend the same gatherings or even listen to the same discussions, without
having to conform to the three major Sunshine Law requirements. These
requirements are that notice is posted and mailed, that testimony is accepted,
and that written minutes setting forth each participant's perspectives are
prepared.
Open meeting laws prevent legislators from participating in informational and
educational workshops and forums, thereby limiting legislators' access to
valuable information and sources of knowledge that could be used to make better
informed decisions. The general public is also disadvantaged by not being able
to learn about issues and provide comments."
This argument is spurious at best. Nothing forbids legislators from attending
workshops or forums. The statute does not prohibit discussion between board
members outside of a properly noticed meeting about matters over "which the
board does not have supervision, control, jurisdiction or advisory power". Mere
attendance at a seminar does not give one "supervision, control, jurisdiction or
advisory power". The statute merely states that all discussions, deliberations,
decisions and actions of a board relating to the business of the board must be
conducted in a public meeting.
Ethically challenged people will always find a way around any law, or may
willfully and deliberately violate it. And while various interpretations of the statute
may make it difficult to conduct the peoples' business, no one ever said
governing was easy. The law exists for a reason. The public, however, will
certainly be disadvantaged if board or County Council meetings are closed, as
the right of the people to know, as intended by the statute, should supercede the
ease and convenience of the legislators in conducting the peoples' business.