HomeMy WebLinkAboutCOM 0452.011 2004-2006 Text of statement before Hawaii County Council, Nov. 9, 2005
Hello, my name is: Marianna Scheffer and I am the president of the Hawaii County
League of Women Voters
I am speaking to your measure to exempt the Hawaii County Council from the Sunshine
Laws.
Just a brief statement: The Hawaii State League of Women Voters as well as the County
Leagues of Hawaii, Honolulu, Kauai, and Maui all oppose the exemption of County
Councils from the Sunshine Laws. The County Council of Maui has already voted against
exemption. One of our members is testifying on this matter before the Kauai County
Council. As Sue Irvine, our State President has already mentioned before this Council,
the League, along with other groups, has sued the County Council of Oahu for violation
of the Sunshine Laws and awaits a summary judgment.
National League of Women Voters principles state that democratic government depends
upon the informed and active participation of its citizens and requires that governmental
bodies protect the citizen's right to know by giving adequate notice of proposed actions,
holding open meetings and making public records accessible.
I hope you will consider these words and vote to remain a part of the Sunshine
provisions. But this is not enough. We also expect the Council to abide by the Sunshine
Laws. We believe that enforcement of these rules has been lax. The mechanism in the
law for compliance and prevention of violations is quite clear. Mr. David Holzman will
have more to say on this subject.
Marianna Scheffer
President, Hawaii County League of Women Voters
Comm. No. TS Z .
Ref. To: (i~
Ref. Uate
V
..••i
~ ~ - ~ ~ ~ ~ _ c
a
O ~ c o'c u m ti 3 ~ c 2 v ~ c
O E o -o ~ s y u L v
y L .t.. R7 L ~ C c V o ~ c
3 I ~ y O y x i~~ v, y~ C v~ V n y V _ ~ v
W ~
.V C ~p ~ .y E h ~ 6J r Z r. ~ v. -
I~y ~i ~ I~ ~ Q a ~ c o~ a c c~ c ~ E Y
o u •c 2 h m c~ 3 ~ h
~ N O C ~ O 2 y a bmo X 2 3
~ h V Vi E V G1 ~ u L x Y C ~ y C L
J 1 c
~ ~ tj O > > c p s w ~ - > ~ h H c ~ ~ c
Z y ~ ~ C X U c v c o o ~ ~ v~ o' c
a y o~ 0 3 a o> H c= c v
~ w~ ~ c c E i. p V Y
a
o
3 v L
O ~ ~ v 3 O " C .L ~ a ` ~ A O z i
~ ,y ~ th 7J C ~ ~p V x L
g w c ~ H a E ~ o «a ~ ~ E E c z E E h 3 ~ E
a...E o~~ Ayy~~ °~c~' "a ~°E~3 ~o ~'YoE'~ ~
~I A 3 ~ ~ m vQ p O 61 6~ 'Oj V L TL, ? I
• ~ V 'C m y ~ 'O aCi V ~ y ~ y ~ O (j o00 ~ O GA .w'. C O ~6 '0 N 6, LC I
3 I ~ ~ 'y ~ V H= G h 'O .L... z y~ tp g '0 y= 'p A C C. = O I
l ~tl mm yy
~V~y L .0 OCD vi 3 '.^V. r `E a pV " .L. ~ L O1 >,'G V ~ U ~ V C a E ' L p G I
1~1 mAa°~'~ o a"iv=v~:_3y~~. 5c~n~3p>'aoooAO~«-~~"
c x o c ,c _a y L o Y c oo v a v T ~ ~ c c U c~ a, ~E
o o p A ~ H m ~ y~~ m a- C ~ v 2
C L~ y~ 0 co T H d Ov c ~ L V C N G d E p ip ttl y~ V .rj EO
' ` ' ~ ~ v 'n ~ ~ ~ 3 E o y c c o ~ ~ ~ t > a ~ t n..~d a .c - c
v a~ ~3 x a~ c V ~ ~ " ~ u r7 V E ~b yip n c
c x ~ -v o - ~ c - u q
O Q V
h C C x .C ~ ~ x - C ti y" 00
c. v s c v u c:n c~ cep " c~ o o >,3
J ~y L .y ~F C` v, 5 ti N L v~ 'V C 2 0 6~ 'yQ ~ L N `a O W
• ~1 u x a l ~ ~ ~ j ~ v u _ ~ ca ~ . ti E ~ ~ `u c ~ ~ ~ E _~q:
. a~ F `v. c ^ = ` ' v _ v ~ ~ E v~ 'fl rj 7 yo Q, aEE}~vo~ C
v c v= v T~ ti v= C ~ - g~i io ° c°~ ~ G V_ C c 3 V
~1 L L V OE
^1~1 r-F ~=v-°ii, a° vF v,c v~ ~ oa~z c~~i c 1~1u E~t ~
W
W
BYC-#~et3Sfi~~~€,~~d34k sider:<.tiun by ~;+)vurnment pan- s:lmu day ch~~ H.lw•;li'i cuunty Hu sai!i hu hits ;pukuz ~~,t
1,1•.~•~t!<,;r,Vr;~;hh~~r(':z.^.1F_d!tur ~1S Ct~-iubllC tlSrllmS-tni"1 rt'C~UICf' la)URC11 dlSCatitiCS [hc: mattCL K,IUa'I ~~!)l,lnl'l] (..17:11rm:1R I\,11~
WAILUA~U, ~<4.a•~;;; - ~.taui adey;:>ite pu'ulic notice. of meet- The Kauai counci! will take it A;ing other cue •~il leader
(-ounty C~>~±ncil merrbwrs grce irgs. Sumo ~c)un.y-lave:, l-~fficials up tomorrow. statewi'„2 :11?out their'irustrltu~l:
the ;tag's Sunshine I,aav can b~ want <he ~:>tR;~ S;atus Because All four cuunty councils mu;t in trying to comply ~s-ith the rr
confusing, but mus' ;ppearv~d they <'s:::y the `gun:>h=^~ L v' is "de- agree t:_~ support the exemptions visions of the Sun.:hint L.1•~
hzsitant y+~~-sterday tta ~ tempi the tracti::~ from tf:.SZr ~tfeetiveness," for it to be included in the HS.~C while Ytr3urmin•,~ their dude,.
council fr::l'1 the opc.*r-gevcrn- acco;?>ing to a ==rt,;'rt ~ustifica- packag>_. Kaua'i is engaged in a coot
r'?ent regulatil; s. lion , r> the ~4 <)n «l:r.mitted In rt;trlarks after the Maui com- battle sah the OIP over whetl•,:~
The Mate's four county col.ln- by *>I>aui C.>~wr:< it t~hairman G. mittee m~~tir.~, Huk:lma said he to make public minute; of
cils arc ce,^>idering ;~-hether to Riki >:.)kan-, is boll:-:'red by inconsistencies in council executive >.essiun l:
support a SunG1•ki.e I,:~w• e~:::trip- Ti-::> '.:aui co;,;nril's;Commit- opinions from the state Oft'ICe of which a p:~ssible inv~~tigatiun •
lion for councils ::t part of the tee of -he ~~.t of>:. ~e.`or°v::! action Infurrrektion Practices, ~.vhi.:h in- the Kauai Police l~par~;n~•-:
I{a•.vai'i State Association of on t::a: pro,.>os?l yestH;•day.:1 terprets Jnd •~nforces the Sun- was discussed.
Counties' 1; gislAtive a ?t:kagL for Honolulu C>>,~ Co!::ncil commit- shine'.-.aw, and ~.vould !ike to ;ue Horululu ~oun<il ~'iE:r;nhr_r; ~ii~.
300t~ legislative session. tee voted lax', week to approve a the agency issue more "practi- hay e been ;parting ,~•ith tl:e c li!
The Legislature exempted it- resolution in support of thc.ex- cal and reasonable" rulin~,s that Maui Cour.ci]•.vorr;an ~t'.c';ei'•
self from the rules, :~-hich restrict emption, and the full council will take into account the real-life ei-
discussiun of matters under con- vote on the issue Nov. 9, the feels un cuunty operations. SEE MlP.I:!,
s Other council metr:bers fa-
voted tweaking the Su:lshine
3.: Law t:•;iddress concerns instead
^C~~:: ~ t-.nit 83 of see{~.ng a foil exemption.
N ED
Thr.:~ Maul residents who
testif;:1 Against the exemption
?nd.<>rson :~algg~sted the push y~st~.r;:'.•ay said-they don't trust
for exeprzon is "a ;personal go..~er:nt-nent p~lrlels to represent
yen='•:tr..a":~~;<rA si OIP c;hiefLes their i^terests in private, par-
Kon;o. "4?>e =.eR't havil~g any ticula.t'y in dealings •~'ith de-
prel::.erns ,.;t~:. thr 01P.... It's velvp s. Pat Gorge said it's dif-
onl K:lea` <a 1un~lulu whc ticult s:lough fir working peo-
have a pry
~l~;n becau>c they ple to keep track of council jc-
are ~<ol3ti,^>:~ th,~ l , >::<d. they're tivitil:;>:: aad any change in the
bei;::;>: calf:;' cr it," shy:::aid. Sunshir;e Law would make it
Cs~uaciltna<:: r>~;ir Kara s_>.f that 1<;~~:ch more challenging.
~x~aaa'!cu a': ~o =.,ould not "I ~hsa't think you have any-
favc?n an e~:m~_i1;,~ }~Ic paid the thing t~ hide if you're an honest
desss: for >°:i~.<w<>;=y avQrn- politio«?r~l," he said.
me-t often ;~e;;~cts with dam- i{o do acknowledged yester-
!icr:~.ic nee:'~ k<;%p the public: day th:t the law's rules are often
infcs:-ned a. d to cor.~±uct busi° miser,<'Yrstood, but said his :-s-
nes; in an ±apn~n «,a:?ner. The Tice :end courtly attorneys ar
cou-:.i1's jcb isn't necessarily to available to provide guidance.
read yuickly when confronted
~.vith issues, Kane said, but ro Rauch Christie Wilson plc l~O81
"deliberate and think things 2-3-i--tSf3O or cwi[son~.u_:hr)nr~lulu
throuKh." advertiser.con2.
Ortober 3 2005 1 PRESS RELEASE Contact Stirlrng Mont 839-5021 or 529-4755
~f C ~ CLuI~U i~
Open Government and Journalists Groups File Suit to End Secret Meetings
Today. eight open government and journalists organizations filed a lawsuit in arcuit court seeking
to stop the Honolulu City Council from holding secret one-on-one meetings on council business The
plaintiffs are asking the court to an August 4th Office of Information Practices ruling that this
practice violates the slat unshme Law.
The complaint allege ono ulu City Council conducted a series of secret meetings,
umited to two council members each, to discuss and reach preliminary agreement on Resolution Nc
05-243 which was adopted on July 13, 2005. The plaintiffs ask the court to rule that this practice is
illegal
Attorneys Jeffrey Portnoy and Elijah Yip of the Cades Schulte law firm filed the lawsut on behalf
of the plaintiffs in the cucwt court of the Eirst Judicial Circwt Portnoy said, "It ~s clear that a series of
secret one-on-one meetings that reaches a rolling quorum violates the intent and spent of Hawai'i's
open rneehngs law"
The group of plaintiffs includes the Right To Know Committee, League of Worsen Voters of
Hawa~'i. Gt¢en Voice, Hawaii Pro-Democracy Initiative,~lsland Press Club, Society of
Prcfessional Journalists-Hawaii Chapter. SPJ University of Nawai~pTer, and Honolulu
Community-Media Council.
Speaking for the plaintiffs group, Stirling Morita, FOI Committee chair for the Hawaii chapter of
the Society of Professional Journalists, said "We hope this suit will signal to government that this
type of backroom vote-gathering will not be tolerated. Our fear is that this will become a widespread
practice shutting out the public from discussions and decisions on issues."
"Too bad this lawsuit is necessary," according to journalism educator Beverly Keever, Right To
Know Chair "Gov Linda Lingle, who campaigned on restoring public trust in government, should
have nstructed her attorney general to enforce the Sunshine Law as the Offce of Information
Practices correctly interpreted it so that the public's business would be conducted in mc~Ungs open
to the public "
Sue Irvine, president of the League of Wcmen Voters of Hawai'I, said, "When a government
ooaro skirts around the sunshine law, the attorney general or OIP should stop It. Cit¢ens snouldn't
have to do govemmenYs job If it weren't for Messrs. Portnoy and Yip of Cades Schulte providing
their services, we wouldn't be able to take legal action "
Peter M Bower said, "Continued reluctance to be open In its deliberations and decis~~ons '.n tre
public's name is exactly why we became an Independent nation. A lack of openness does not Jena
tself to our community's experiencing of democracy "
Chris Loos, president of the Big Island Press Club, said her club joined the law iiherause_Itle
r, i, em. e i now s e
Beth-Ann Kozlovich, president of the Hono u u ommunity-Media Council. said, "Unfor[unate~y.
taxpayers may have to pay to force the City Councl to follow the law. That's because the defendants
will pay for the cost of the lawsuit if the court enforces the law."
Leah Gouker, a senior lournalism student and treasurer of SPJ UH Chapter, said. 'The Sunshine
Law was designed to protect the public by maintaining openness in the government. I fee! it is of
utmost importance to raise this issue. and that the public stand up against actions that violate the
sprat of the Sunshine Law"
For more rnformaton t~>n the plaintiffs, contact Stirling Mesta at 529-4755 or £339-5(.r~'G1 cr
spl~flex corn.
rA.,t,~ ~ tc ~~sm ss r ieu o/ t`a City ~r Octoi~er 24 2005 Tie Ica ~ ~ • n'~t,c,
_ ~ r 'r~
n e~ IZ_OC` Our oFpos~ticn is c,e Ceee~•~rer T _a, a~ pe-~En a:~.a.,-u.at _
~ r ~~t' E = i~reor~amzahon proceau~e has baen amended anon- r i '~a~ ~
rr_ r o~,a r, ~r,der [he n ~ ~~e The C t~ also argues the mPnr of rhr ws ,t cn_ ~;ur ~ r
ntero~=.aticr of the S~nsh.ne I_aw is flawed _ _
- `~1~ Porno ;~otv that he ~,vculd ~-spcna to the';ouncil s mcncr r ~ ;ne r'
n~ar. uagr en' by G-cemc=r8t'~ -
October 3 2005 r PRESS RELEASE Contact: SUrlrng Manta 83&5021 or 529755
7 ~I C I CLcVS~ r~
Open Government and Journalists Groups File Suit to End Secret Meetings
Today. eight open government and journalists organizations filed a lawsuit in arcwt court seeking
to stop the Honolulu City Council from holding secret one-on-one meetings on counal business The
plauthffs are asking the court to an August 4th Office of Information Practices ruling that this
practice violates the slat ~nshine Law-
T he complaint allege ono ulu City Council conducted a series of secret meetings,
limited to two counal members each, to discuss and reach preliminary agreement on Resolution No
05-243 which was adopted on Juty 13. 2005. The plaintiffs ask the court to rule that this practice is
illegal
Attorneys Jeffrey Portnoy and Elijah Yip of the Cages Schulte law firm filed the lawswt on behalf
of the plaintiffs in the circwt court of the First Judicial Circwt. Portnoy said, "It is clear that a series of
secret one-on-one meetings that reaches a rolling quorum violates the intent and spirit of Hawai'i's
open meetings law "
The group of plaintiffs includes the Right To Know Committee, League of Women Voters of
Hawaii Gtizen Voice, Hawaii Pro-Democracy Initiative, B~ Island Press Club. Soaety of
Professional Journalists-Hawaii Chapter, SPJ University of Hawaii ap er, and Honolulu
Comrnurnty-Media Council.
Speaking for the plaintiffs group, Stirling Morita, FOI Committee chair for the Hawaii chapter of
the Soaety of Professional Journalists, said "We hope this suit will signal to government that this
type of backroom vote-gathering will not be tolerated Our fear is that this will become a widespread
practice shuttrng out the public from discussions and decisions on issues."
"Toe bad this lawsuit is necessary," according to journalism educator Beverly Keever, Right To
Know Chair "Gov Linda Lingle, who campaigned on restoring public trust in government, should
have .nstructed her attorney general to enforce the Sunshine Law as the Offce of Information
Pract+ces correctly interpreted ~t so that the public's business would be conducted in meetings open
'o the public "
Sue wine. president of the League of Women Voters of Hawai'I, said, "When a government
board skirts around the sunshine law, the attorney general or OIP should stop it Citizens shouldn't
have to do government's job. If it weren't for Messrs. Portnoy and Yip of Cades Schulte providing
their services. we wouldn't be able to take legal action "
Peter M Bower said, "Continued reluctance to be open in its deliberations and decisions in the
public's name is exactly why we became an independent nation. A lack of openness does not lend
tself to our community's experienang of democracy."
Chns Loos. president of the Big Island Press Club, said her club joined the law ause the
nP- nhnr .c em_ e i now she
Beth-Ann Kozlovich, president of the Hono u u ommunity-Media Councl, said, "~nfortunatery
taxpayers may have to pay to force the City Council to follow the law. That's because the -iefer.dants
will pay for the cost of the lawsuit if the court enforces the law."
Leah Gouker, a senior journalism student and treasurer of SPJ UH Chapter, said, "i he Surshina
Law was designed to protect the public by maintaining openness in the government. I feel rt s of
~itmost importance to raise this issue and that the public stand up against actions that violate the
spent of the Sunshine Law "
Fsr more information m the plaintiffs contact Stirling Manta at 529-<1755 or 839-5021 or
spl,'a~~flex coin
F~_ ~ E~ilaY~~ Y p Mouon to [~isrriss filed by [he Gty on October 24 2005 The'neanng cn the mcnon s
se[ fir C ~ erru~er '~,h 20Cz~ Our opposrticn is due on December 8~s app t ~r- : tr'~e
acoo~~ s moot : aca the r r 'r Ilan rocedure has peen am~ndPd and 'he C ~ ~ncil hai;~c~
ru-~3 reed aga~n urger the n ~ e The City also anJues the merts c' ne'a~;~s~_: t e;nter_:~~~g
~rr,• ~u ~~~,erGreta on of tl~e Sunshine Law is fiawer:
. _ _ , _ Mr P~;it^c~ wrote that he ~wculr, resrend tc .h = ~,Lounc I ~ mcr~s . r.~~~~ ~>s ,3rd ' ~ a
s.: ~dcr~ent b, C=cemcer 8th