HomeMy WebLinkAboutCOM 0504.005 2010-2012Page 1 of 2
Offenbaker, Steve
From: Carlotta.Amerino @hawaii.gov
Sent: Wednesday, December 21, 2011 9:59 AM
To: Offenbaker, Steve
Subject: Fw: Attn: Carlotta
Carlotta Amerino
Staff Attorney
Forwarded by Carlotta Amerino /LtGov /StateHiUS on 12/21/2011 09:58 AM - - --
From: oip /LtGov /StateHiUS
To: "Kawauchi, Jamae" <jkawauchi @co.hawaii.hi.us>
Date: 12/21/2011 07:55 AM
Subject: Re: Attn: Carlotta
Sent by: Dawn M Shimabukuro
0
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Hi Jamae,
To recap our discussion on December 20 2011, I noted that HRS section 92- 5(a)(8), in relevant part, allows the
Hawaii County Council to enter an executive meeting to "deliberate or make a decision upon a matter that
requires the consideration of information that must be kept confidential pursuant to a state ... law."
If the County Finance Department would like to discuss with the Council a matter that is confidential under HRS
section 103D- 303(f) (or other law), then HRS section 92- 5(a)(8) would allow the Council to enter an executive
meeting for that limited purpose.
Based on these laws, I suggested that this matter be placed on a public meeting notice /agenda with a notation
that, should the need arise, the Council may enter an executive session. This notation should cite to HRS section
92- 5(a)(8) and describe the purpose of the executive meeting (per HRS 92- 7(a)).
I also noted that, if the Finance Department is subject to the confidentiality provisions of HRS section 103D- 303(f),
that law may prohibit it from disclosing certain information to the Council, whether in public or executive meeting.
I advised that County Corporation Counsel be consulted for advice on the application of the Procurement Code
as OIP does not have jurisdiction to opine on the Code.
If the Finance Department is advised that the Procurement Code's confidentiality provisions preclude it from
discussing certain matters with the Council at this time because there is an "active procurement process" then it
appears the Finance Department should not discuss these matters with the Council even in an executive meeting.
That being the case, any discussions that are allowed under the Procurement Code at this time should be done
in a public meeting.
I hope this helps, and please contact me if you have additional questions.
Carlotta Amerino
Staff Attorney
Office of.Information Practices
State of Hawaii
12/21/2011
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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
Web site: www.hawaii.gov /oip
From: "Kawauchi, Jamae" <jkawauchi @co.hawaii.hi.us>
To: <oip @hawaii.gov>
Date: 12/20/2011 03:14 PM
Subject: Attn: Carlotta
Aloha Carlotta,
Could you please reply to me by email with a brief outline on the conclusion you arrived at regarding
the executive session?
Mahalo,
Jamae Kawauchi
Hawaii county Clerk
12/21/2011