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HomeMy WebLinkAboutCommunication No. 2022-01 -Sunshine Law Slides Communication Number 2022-01 Summary of the Sunshine Law Part I of Chapter 92, HRS More comprehensive training at www.oip.hawaii.gov 1 Chapter 92, Hawaii Revised Statutes. This is a short summary of the Sunshine Law and and is highly recommended for board staff and attorneys who need detailed knowledge of how to comply with the Sunshine Law, including how to prepare agendas and minutes. 1 Communication Number 2022-01 Open governmental process to public scrutiny and public participation 2 you to make the right call when Sunshine Law questions come up. found at Chapter 92F, Hawaii Revised Statutes, and is also administered by OIP. Both government is doing and of opening up the governmental process to public scrutiny and public participation. 2 Communication Number 2022-01 Common Policy of Both the Sunshine Law and the UIPA formation and conduct of public policy -- the discussions, deliberations, decisions and actions of government[al] agencies -- shall be 3 policy of this State that the formation and conduct of public policy the discussions, deliberations, decisions and actions of governmental agencies shall be conducted as 3 Communication Number 2022-01 Sec. 92 - 1, HRS Protect the ; Provisions requiring open meetings shall be liberally construed; and Provisions providing for exceptions to the open meetings requirements shall be strictly construed against closed meetings. 4 Additionally, the law expressly tells us that it is the intent of the Sunshine Law to 4 Communication Number 2022-01 Basic Requirements 1. All discussions, deliberations and decisions regarding board business must be conducted at a meeting 2. Every meeting must be open, unless specifically allowed to be closed by law 3. Boards must provide notice and access to board packet 4. Boards must accept testimony 5. Boards must keep minutes 5 provisions concerning remote meetings. deliberations concerning board business must be conducted at a meeting open to the public. Second, all meetings must be open to the public, unless specifically allowed by the Sunshine Law to be closed. Third, boards must provide advance notice of board meetings, including an agenda, and must also provide access to board packets. Fourth, boards must accept testimony from any interested person. And fifth, a board must keep minutes of all of its meetings, including executive meetings that have been closed to the public. 5 Communication Number 2022-01 Matters over which the board has supervision, control, jurisdiction or advisory power that are before the board or reasonably anticipated to come before the board in the foreseeable future 6 The Sunshine Law applies to all board discussions, deliberations, and decisions that are before the board or reasonably anticipated to come before the board in the 6 Communication Number 2022-01 On current or future agenda 7 business. For example, many boards give their Chair the sole prerogative to set the agenda, which is not decided on by the board as a whole, so members can ask the Chair outside of a meeting to place an item on an upcoming agenda. Similarly, many administrative matters, such as travel arrangements for neighbor island board not considered board business. But if a matter is about a specific issue that the board board members cannot talk to each other about such matters outside of a meeting. The second element is that the board matter must be an issue on the current or a future or reasonably foreseeable future agenda. An issue is no longer board business once the board has finished dealing with it or does not anticipate it coming back before the board. But if it is an issue that can be reasonably expected to be on a current or near future agenda, then it could be board business that should not be discussed outside of a meeting. For example, OIP has issued an opinion involving whether the Hawaii County Council had violated the Sunshine Law by not noticing a meeting where Council had no authority over the volcano and there was only a speculative possibility that future emergency funding would be required at some point, OIP held that this was not reasonably foreseeable board business at the time. Of course, in a new factual 7 Communication Number 2022-01 No discussions, deliberations, or decisions outside a meeting No caucuses No polling No telephone discussions No texts No e - mails No memos 8 If the matter is about board business, then board members cannot have any discussions, deliberations, or decisions made between themselves outside of a means of communication unless there is a permitted interaction or exception. Thus, board members must avoid talking about board business in a caucus, or by polling other members, or via telephone conversations, texts, or emails, or by sending written memoranda explaining their position on a board matter. 8 Communication Number 2022-01 Permitted Interactions 1. Two members only 2. Investigation 3. Present, discuss or negotiate 4. Selection of officers 5. Testimony when no quorum 7. Meet with Governor 8. Meet with Department Head 9 In members to communicate with one another about board business. These permitted procedures or restrictions apply, so notice, testimony, and minutes are not required. The eight permitted interactions are summarized on this slide and will each be discussed, with a focus on the first two, which are most commonly used. 9 Communication Number 2022-01 Permitted Interaction: Two Members Only Two members only: Not a quorum No horse trading No serial communications with others 10 The first permitted interaction is between only two board members, so long as they do not constitute a quorum of the board, as is the case with the 3 - member Public Utilities Commission for example. While the two members can talk about any board business and may make it clear what their positions are, they cannot seek or make a commitment by each other to vote a particular way on a board matter Also, this 2 - member permitted interaction cannot be used serially. Serial communications happen when member A talks to member B about an issue, then member B later goes to member C at some point and talks about the same issue. Although they were not in the same conversation at the same time, you now have three members discussing board business in violation of this ƷǞƚ - member permitted interaction. 10 Communication Number 2022-01 Permitted Interaction: Investigations Less than a quorum Scope of investigation defined at a meeting Findings and recommendations presented nd at a 2 meeting Deliberation and decision - making rd at a 3 meeting 11 The second permitted interaction is a way for a board to do fact - finding on a particular issue and is one of the most frequently used by boards but should not be used to replace standing specific matter over the course of three meetings subject to the Sunshine Law. At the ŅźƩƭƷ ƒĻĻƷźƓŭ , the board must assign the members of the group and the scope of the investigation. As the PIG is not a sub - committee or standing committee, the PIG can then go out and do its testimony, minutes, etc. The PIG can talk to anyone, except other board members, to do their subcommittee or standing committee would be, the PIG members can only talk to the board members appointed to the PIG, and not the others on the board, and there needs to be two Once the PIG has done its investigation and is ready to report to the board, then the board must hold a ƭĻĭƚƓķ ƒĻĻƷźƓŭ for the PIG to present its findings and recommendations to the full yet. ƷŷźƩķ ƒĻĻƷźƓŭ , after the public has also had the opportunity to be 11 Communication Number 2022-01 Permitted Interactions Confidential interviews Site inspections Confidential product demonstration Receipt and consideration of confidential information Logistical reasons 12 While investigatory PIGs have a lot of flexibility and are not subject to the Sunshine take longer and be more cumbersome to go through all three meetings before the full option for boards, and can be used in different situations. For example, a PIG could be established to obtain confidential interviews with staff and report on the general feelings of the staff about their boss. Additionally, a PIG may be established to view a confidential prototype of a product, or to receive and evaluate confidential business or financial information. Sometimes, for purely logistical reasons, a board needs a PIG to do what it cannot do as a board. For example, a group may be sponsoring a series of statewide community meetings with the public that the board wants a PIG to attend, monitor, and report to the full board. So long as the PIG requirements are followed, there are various reasons a board could establish a PIG. 12 Communication Number 2022-01 Permitted Interaction: Present, Discuss, Negotiate Less tha n a quorum Members assigned and authority is defined at a prior board meeting 13 Unlike the investigatory PIG, there is no three - meeting requirement for a permitted discuss, An example of a negotiation PIG would be one established to negotiate a union or employment contract, or the purchase of land or products. 13 Communication Number 2022-01 Permitted Interaction - Selection of Board Officers Less than a quorum OK to discuss in private the selection of board officers 14 A fourth permitted interaction allows less than a quorum of members to discuss the 14 Communication Number 2022-01 Permitted Interaction: No Quorum Less than a quorum, therefore board meeting is cancelled or terminated as a matter of law But members at cancelled/terminated meeting can receive testimony and ask questions; must create a record; but cannot deliberate and decide At subsequent board meeting, must provide copies of testimony and report on testimony received at the cancelled or terminated meeting 15 A fifth permitted interaction is allowed when there is less than a quorum of members at a board meeting, which thus requires the cancellation or termination of the meeting as a matter of law. But for the convenience of the members of the public who have shown up at the meeting, this permitted interaction was adopted to allow the remaining board members to receive testimony and presentations on agenda items and to question testifiers. The members present at the terminated or cancelled meeting must create a record of the oral testimony or presentations received at the meeting, just as it would have created minutes had the meeting not been cancelled or terminated by law. Deliberation and decisionmaking , however, cannot occur until a subsequently held board meeting that is duly noticed, at which time, the board must be provided copies of the testimony and presentations along with a report by the members who were present at the cancelled or terminated meeting. 15 Communication Number 2022-01 Permitted Interaction: Meeting of Other Entities Less than a quorum is not specifically and exclusively organized for or directed toward the board members e.g., legislative hearing, convention, seminar, community meeting Board members may participate in discussions of board business, provided no commitment to vote is made or sought At the next duly noticed board meeting, attendees shall report their attendance and the board matters presented 16 A sixth permitted interaction allows less than a quorum of members to attend and business, such as a legislative hearing, convention, seminar, or community meeting. for or directed toward the board members. The attending board members must not make or seek any commitment to vote on the board matters discussed, and they must report their attendance and the matters discussed or presented at their next duly noticed board meeting. 16 Communication Number 2022-01 Permitted Interaction: Meet with Governor All members ok to attend No discussion of a matter over which board is exercising its adjudicatory function 17 A seventh permitted interaction allows all members of a board to meet with the Governor in private, without any reporting requirement. But the discussion cannot be about a matter over which the board is exercising its adjudicatory function. 17 Communication Number 2022-01 Permitted Interaction: Meet with Department Head All members ok to attend Can discuss with department head administrative matters 18 Finally, the eighth permitted interaction allows all members of a board to privately meet with the head of the department to which the board is administratively assigned, and employment issues. 18 Communication Number 2022-01 Executive Meetings Before closing a meeting to the public and going into an executive meeting, need: 1. 2/3 vote of board members present and a 2. Vote recorded and entered into minutes 3. Announce reason for closed meeting 19 Sunshine Law requirement: All meetings must be open to the public, unless specifically allowed by law to be closed. One type of meeting that can be closed to the public is First, there needs to be a two - thirds vote in favor of going into an executive meeting by all board members who are present and those members must constitute at least a - member board, with a quorum of 6 members 2/3 of 6 equals 4, but you will need at least 6 members to constitute a majority of the full membership of 10 to vote to go into executive session. Second, this vote must take place during the ƦǒĬƌźĭ portion of the meeting and the vote Third, during the ƦǒĬƌźĭ portion, the board must also announce the reason for going into the executive session. 19 Communication Number 2022-01 Executive Meeting Purposes (HRS Section 92 - 5) 1. Professional or vocational license applicants 2. Personnel matters 3. Authority of labor negotiator or negotiator to acquire public property 5. Criminal misconduct 6. Sensitive matters relating to public safety 7. Private donations 8. Matters confidential by law or court order 20 This slides shows the eight statutory purposes for which the Sunshine Law allows a board to go into an executive meeting closed to the public. 1. To consider and evaluate personal information relating to individuals applying for professional or vocational licenses; 2. To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where matters affecting privacy will be involved; provided that the individual concerned may request an open meeting, in which case an open meeting shall be held; 3. To deliberate the authority of persons designated by the board to conduct labor negotiations or negotiations to acquire public property, or during the conduct of such negotiations; 4. 5. To consider proceedings regarding criminal misconduct; 6. To consider sensitive matters related to public safety or security; 7. To consider matters relating to the solicitation and acceptance of private donations; and 8. To deliberate or decide upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order. eight statutory purposes, then it cannot close its meeting to the public. 20 Communication Number 2022-01 Limited Meeting 2/3 of all members to which the board is entitled must first adopt determinations that: It is necessary to hold limited meeting, and Meeting location is dangerous to health/safety, or that on - site inspection is necessary and public attendance is impracticable go to oip.hawaii.gov/forms Board must: Provide notice of limited meeting Videotape limited meeting (unless waived by OIP); Makes videotape available at next regular board meeting; and Make no decisions at the limited meeting. 21 limited meeting is not being closed to the public to keep something confidential, but as dangerous location or where public attendance is impracticable. For example, it can also be used to look at undeveloped private land, secure airport areas, a recycling facility, a private home being considered for historic preservation, or other areas where public attendance is impracticable or a safety risk. To hold a limited meeting, 2/3 of all members to which the board is entitled must determine, after sufficient public deliberation, that (1) it is necessary to hold the limited meeting, and (2) the location for the limited meeting is dangerous to health or safety, or that public attendance is not practicable. website at oip.hawaii.gov/forms to request concurrence. If the OIP Director concurs, then the board must provide notice of the limited meeting. The board must also videotape the limited meeting, unless this requirement is waived in whole or in part by the OIP Director for example, a partial waiver might be allowed during a hike on a trail or during bus rides to reach the meeting site. The videotape of the limited meeting must also be made available for public viewing at the next regular board meeting. And no decisions can be made by the board during the limited meeting. 21 Communication Number 2022-01 Limited Meeting - County Councils as Guests of Other Groups No min./max. number of councilmembers or oral testimony when attending a limited meeting open to the public, as guests of another board or community group, provided: 1. sponsoring the meeting; no agenda is required 2. If the other board/group is subject to the Sunshine Law, they must follow requirements 3. No more than one limited meeting per month per group 4. No limited meetings outside Hawaii 5. 6. Videotape limited meeting 7. Make videotape available at next Council meeting 8. No decisions made at limited meeting 9. Council to submit annual report to Legislature 22 There is another special type of limited meeting only for county councils, which recognizes that in certain counties, the councilmembers are elected at large and all may want to attend community meetings with their constituents and potential voters. Because the meeting is being held by another group and the councilmembers are attending as guests, there is no restriction on the number of councilmembers who can attend this type of limited meeting. But the meeting must be open to the public, and the following requirements must be met: 1. The council must provide notice of the limited meeting, which indicates the board or community group holding the meeting that the council is attending but need not include an agenda; 2. If the board or community group holding the meeting is subject to the Sunshine Law, then testimony, and minutes; 3. No more than one limited meeting per month can be held by a county council for any one board or community group; 4. No limited meetings shall be held outside the State of Hawaii; 5. 6. The council must videotape the meeting, unless this requirement is waived by the OIP Director; 7. The videotape of the limited meeting must be made available at the next regular council meeting; 8. No decisions may be made by the council at the limited meeting; and 9. Each county council shall submit an annual report to the Legislature on the effectiveness and application of the limited meeting provisions. 22 Communication Number 2022-01 Notice Requirements written notice posted/mailed at least 6 calendar days in advance date, time and place contact info for testimony & ADA instructions include agenda for executive meeting, must state purpose and cite statutory basis notify mailing list when board packet is available 23 ƓƚƷźĭĻƭ͵ The notice must be in ǞƩźƷźƓŭ͵ It must be ĻƌĻĭƷƩƚƓźĭğƌƌǤ ƦƚƭƷĻķ ğƓķ ƒğźƌĻķ ƚƩ ĻƒğźƌĻķ ğƷ ƌĻğƭƷ ƭźǣ ĭğƌĻƓķğƩ ķğǤƭ in advance of the meeting. While the electronic posting on the appropriate calendar is the official notice, a copy must also be posted as appropriate with the Lt. Governor meeting site. The notice must contain the meeting date, time, and place, along with board contact information for submission of testimony and requests for reasonable accommodations for disabled persons. The notice must include an agenda of all items that the board intends to consider at the meeting, which should be described reasonably well enough so that the general public can decide whether they want to participate in the meeting. If an executive meeting is anticipated, then the agenda should include the purpose and statutory basis for the closed meeting. Finally, because boards must notify their mailing list when the board packet is available for meeting notice. 23 Communication Number 2022-01 Board Packet Documents compiled by board & distributed to board members before meeting , Chapter 92F, HRS redact in time 24 Boards are also required to provide access to the board packet. What is a board packet? These are documents compiled by the board and distributed in advance to its members for use at the meeting. Unlike the meeting notice, the board packet may be distributed less than six days before the meeting since it will likely include public testimony submitted for the meeting. The public board packet that must be made available for public inspection need only include those documents that should disclosed under the UIPA, or chapter 92F, HRS. A board is not required to disclose executive session minutes, license applications, or other records for which the board cannot reasonably complete its redaction of nonpublic information in the time available before the packet is distributed to board members. The law potentially allows withholding of more information from the public board packet than could be withheld in response to a 92F UIPA request, in recognition of the shorter timeframe to prepare the public packet. For instance, a long document with confidential information throughout it could be entirely withheld from the public packet. Or, for a long document with several distinct sections, only some of which are confidential, the public board packet should include only the non - confidential sections. inspection if the entire document is clearly disclosable under the UIPA. 24 Communication Number 2022-01 Board Packet Public Inspection/Distribution Prompt access upon request Not required to mail via postal mail 25 A public version of the board packet must be made available for public inspection in the be notified that it is available there at the same time the packet is distributed to board members. The board packet itself need not be automatically emailed to people on the request and it must accommodate email or other requests for an electronic the public. 25 Communication Number 2022-01 Amending the Agenda at a Meeting Only with 2/3 vote of all members Cannot add item if: of reasonably major importance, and will affect a significant number of people 26 A board should carefully prepare its notice and agenda, because they cannot be posted heavy restrictions. First, an agenda can be amended at the meeting only with 2/3 vote of all members to which the board is entitled, which includes membership slots that are not currently filled or members who are not at the meeting. If you assume that a board is entitled to 10 members, but only 9 slots are filled and 6 members are present, this means that 6 members constitute a quorum and 2/3 of the 9 filled slots; but the at least 7 members to vote to amend the agenda. Second, even if the board had enough votes to amend an agenda, an item cannot be added if it is of reasonably major importance and will affect a significant number of people. Essentially, only minor things can be added to an agenda. OIP has extensive materials on its website that provide additional details about notice agendas. 26 Communication Number 2022-01 Testimony Requirement All interested persons may submit Written or oral testimony On any agenda item . 27 accept testimony on agenda items from all interested persons at its meetings. Sunshine Law boards must accept testimony from any interested person, which can be written or oral testimony. But the testimony must be on agenda items, and a board is not required to accept testimony on issues that are not on the agenda unless it sets aside a general open forum for people to talk about whatever issues they want to. The board is not required, however, to hold an open forum. A board may set reasonable limits on testimony, such as time limits, that are fairly Sunshine Law does not require it to be established under HRS chapter 91 rulemaking procedures. 27 Communication Number 2022-01 Minutes Written or recorded format Posted in draft or final form online within 40 calendar days Executive meeting minutes may be withheld for so long as publication would defeat lawful purpose of meeting 28 And finally, the fifth basic Sunshine Law requirement is that boards must keep and post minutes of their meetings. audio or video recording of the meeting accompanied by a written summary. calendar days after the meeting. county website. The board is not required to have its own website a county or state Although boards are required to take minutes of executive meetings that are closed to the public, those minutes need not be posted and can be withheld from the public for as long as their publication would defeat the lawful purpose of the executive meeting. 28 Communication Number 2022-01 Remote Meetings or WebEx Members of the board or public can participate online from their own homes, offices, or other private locations and need not show up at a physical location But board must offer at least one public physical location for people without the skills, equipment, internet service, or desire to participate online 29 Act 220 of the 2021 legislative session, and effective January 1, 2022. Instead of having the board and the public gather in - person at a physical location as has been the traditional method of holding a meeting, the remote meeting is held online over the Members of the board and the public can participate online from their homes, offices, or other private locations, and they're not required to disclose the private location from which they are attending a remote meeting. In recognition of the possibility that not all people have the skills, equipment, desire, or reliable internet connection to be able to participate online, the board must still provide at least one public physical location where people can participate in the remote meeting. M embers of the board are not required to show up at this physical location, and they can participate online. 29 Communication Number 2022-01 Remote Meeting: Requirements 1. ICT must allow audio - visual interaction between members and public 2. Quorum of board must be visible and audible during meeting 3. Announce names of all participating board members at start of meeting 4. All votes by roll call, unless unanimous recording online until minutes are posted 30 Re mote meetings have additional requirements not applicable to traditional in - person meetings: 1. audio - visual interaction between board members and the public. 2. A quorum of board members must be visible and audible to other members and the public during the meeting, but no other participants need to be visible. Members of the public, for example, need not be visible. And so long as a ƨǒƚƩǒƒ of board members are visible, then additional members could participate via telephone and not be visible. This allows board members without reliable internet connection or the appropriate technical skills or equipment to participate remotely. Also, during executive meetings, the board members need not be visible and can participate via telephone. 3. At the start of the meeting, the presiding officer must announce the names of all participating board members, whether they are visible or not. 4. All votes must be conducted by roll call, unless unanimous. 5. the recording electronically available to the public as soon as practicable after the meeting, meetings held via Zoom, WebEx and other meeting platforms can generally be easily recorded, boards should post this recording on their websites for the public to view until the minutes are posted within 40 days after the meeting. ‘źƷŷ ğ ǞƩźƷƷĻƓ ƭǒƒƒğƩǤ , the ǞƩźƷƷĻƓ ƒźƓǒƷĻƭ if the board prefers. 30 Communication Number 2022-01 Remote Meetings: Notice Notice gives audio - visual link to join remote meeting Notice also gives link and/or phone number to orally testify, if separate from link above Notice must list at least one physical location, guaranteed to be connected to the remote meeting they are not guaranteed to stay connected 31 In addition to the usual Sunshine Law requirements for notice, including an agenda, the notice for a remote meeting must also inform the public how to contemporaneously view the video and audio of the meeting through internet streaming or other means in essence, by giving the link to join the remote meeting. The notice must also inform the public how to provide oral testimony that the board and other meeting participants can hear, whether through an internet link, a telephone conference, or other means. In most cases, the board will just provide one link for everyone to use to participate in, testify at, or just watch the meeting. But sometimes, a board may want to separate those functions to protect against potential disruption, or to have more control when a large number of participants are expected, or to allow multiple ways for the public to participate. In that case, the board might have two different links: one to an audio - visual link for the public to just watch the meeting, and another for the public to actively participate and testify, which might be a different audio - visual link or a telephone number. The notice for a remote meeting must also list at least one ƦŷǤƭźĭğƌ meeting location that is open to the public where the board has set up audiovisual equipment that is ŭǒğƩğƓƷĻĻķ Ʒƚ ĬĻ ĭƚƓƓĻĭƷĻķ to the online meeting. ƓƚƷ ŭǒğƩğƓƷĻĻķ to remain connected to the online meeting. Additional locations are a way for the board to provide more physical or terminate the entire meeting due to technical problems at those locations. The meeting notice must, however, specify in the event an additional location loses its audiovisual connection to the remote meeting, whether the remote meeting will continue without the additional location or will be automatically recessed to restore communication. 31 Communication Number 2022-01 Remote Meetings: Dropped Connection Dropped connection - recess up to 30 minutes to restore Applies to Hosting platform (e.g. Zoom, WebEx) Public broadcast (e.g., YouTube, Public physical site NOT to additional locations (if notice says so) 32 If audiovisual connection for a remote meeting cannot be maintained by a board with all participating members, the required physical meeting location, or the remote public broadcast identified in the meeting notice such as YouTube, then the remote meeting must be immediately recessed for up to 30 minutes to restore communication. For example, if the public can watch the meeting on YouTube or at the public physical meeting site, but the connection to YouTube or the site cannot be maintained, then the meeting would have to recess and the board has up to 30 minutes to restore communication . meeting to be recessed or terminated, so long as the notice stated that the meeting would continue without that location in the event the audiovisual connection was lost. 32 Communication Number 2022-01 Remote Meetings: Restore Connection or Continue Meeting 30 - minute time limit to restore, or meeting is automatically terminated Must notify the public how to rejoin or how meeting will be continued If cannot restore audio - video, can continue audio - only with conditions Practical tips to include in notice 33 The remote meeting may reconvene within 30 minutes, but only if the board has provided reasonable notice to the public as to how to access the reconvened meeting after an interruption to communication. If reconvening is not possible within 30 minutes after an time. By continuing the meeting, the board would not have to provide a new notice and meeting at a different date, time, place and link, with reasonable notice to the participants. As a practical tip, the meeting notice itself could have instructions on what to do if the audiovisual connection is interrupted and provide one or more links as to how to rejoin the meeting, as well as an alternative date, time, place, and links if the same meeting is to be continued. Or, at the start of the meeting, the board could orally instruct participants and leave in the chat box instructions as to how rejoin the meeting or attend the continued meeting if the audiovisual connection is lost. The meeting may be reconvened if audiovisual communication is restored, or if that is not possible, when audio - only communication is restored. If it continues as an audio - only meeting, then speakers must announce who they are before they speak. Within 15 minutes after audio - only communication is established, copies of nonconfidential visual aids that are required by or brought to the meeting by board members or as part of a scheduled presentation must be made available to all meeting participants, either by posting them on the internet or by other means. If visual aids are not available for all participants, including those participating remotely, then the board cannot act on any agenda items relating to those visual aids. As a practical tip to avert this situation, the meeting notice could inform the public that the website and will be made available for inspection at the physical meeting location. If the meeting cannot be properly restored within 30 minutes, then it is automatically terminated by law. 33 Communication Number 2022-01 Remote Meetings: Executive Meetings Audible - only is okay during executive meeting But first, publicly state names and titles of all authorized participants To preserve executive nature of the meeting, all participants must confirm no unauthorized person is present or connected to the executive meeting 34 During executive meetings, board members need not be visible and need only be audible to each other, so they can participate by telephone. But to preserve the executive nature of the meeting, the presiding officer must first ƦǒĬƌźĭƌǤ state the names and titles of all authorized participants. Upon convening the executive session, all participants must confirm that no unauthorized person is present or able to hear them at their remote locations or via another audio or audiovisual connection. The person organizing the interactive conference technology for example, the technician running the Zoom or WebEx meeting must confirm that no unauthorized person has access to the executive meeting as indicated on the control panel of the interactive conference technology being used. 34 Communication Number 2022-01 Multi - site Meetings In - person meetings at multiple sites connected by ICT At minimum, audio interaction Notice lists all locations where nondisabled board members will be May also list - no board members there; must specify that connection could be lost 35 - źƓ Ώ ƦĻƩƭƚƓ meeting that is being held across multiple sites rather than one single location. This is not a remote meeting where people can attend and participate from home or private locations. Board members and the public ƒǒƭƷ ğƷƷĻƓķ źƓ ƦĻƩƭƚƓ at one of multiple meeting sites and at least audio connection must be maintained between all meeting sites. The notice must list every meeting site where board members will be and the public can attend. The law has a special provision, however, for disabled board members, who can attend from their home, hospital bed, or other private location without disclosing the address or allowing public access to their private location. but Ɠƚ board member can participate from those locations. If the connection to an additional location is lost, the notice must specify whether the multi - site meeting will continue without that site or will be automatically recessed to restore communication. 35 Communication Number 2022-01 Multi - site Meetings: Restore Connection Meeting recessed to restore connection if audio interaction not maintained at all official locations As with remote meetings, 30 - minute time limit to restore If no restoration, terminate (or continue at another time if notice given) 36 As with a remote meeting, if the connection between the official sites of a multi - site meeting is lost, then the meeting is automatically recessed for up to 30 minutes to restore the connection. But because multi - site meetings require only ğǒķźƚ interaction, then the loss of visual connection during an audiovisual interaction would not require a recess as the multi - site meeting could continue with audio - only connection. If the audio connection is lost and cannot be restored within 30 minutes and the board has not provided reasonable notice of how the meeting will be continued, then the meeting is automatically terminated. The same practical tips described earlier for remote meeting notices apply to multi - site meetings. 36 Communication Number 2022-01 Emergency Meetings Imminent peril to public health, safety or welfare, or Unanticipated event Requires meeting in less than 6 calendar days 37 Finally, the last type of meeting is an emergency meeting, which is essentially a meeting can be held when there is an imminent peril to public health, safety, or welfare. Or, an emergency meeting may be required due to an unanticipated event requiring board action on a matter over which it has supervision, control, jurisdiction, or advisory power, such as last - minute court or legislative hearing requiring board action. 37 Communication Number 2022-01 38 This brings us to the end of our summary of the Sunshine Law. If you want more detailed training or information about the Sunshine Law, or the UIPA, please go to our website at oip.hawaii.gov. There, we have copies of the laws that OIP administers, the Sunshine Law and the guidance; training materials for boards, agencies, and the general public; and other useful material. 38 Communication Number 2022-01 Need Help? AOD: (808) 586 - 1400 Email: oip@hawaii.gov OIP Website: oip.hawaii.gov 39 Every day, one of the staff attorneys is assigned as Attorney of the Day to answer general questions and provide quick guidance. You can reach the AOD either by phone at 808 - 586 - 1400 or better yet, by email at oip@hawaii.gov. And again, our website is oip.hawaii.gov. Thank you again for your interest in the Sunshine Law. 39