HomeMy WebLinkAbout2022-01-18 Sunshine Law Training Session
Game Management Advisory Commission
County of Hawai’i
Training Session – Sunshine Law Updates
By: Dalilah E. Schlueter, Deputy Corporation Counsel via Zoom
Date: January 18, 2022 Time: 5:30pm
In attendance were Abraham Antonio, Brian Ley, and staff, Barett Otani in person at Mayor’s
Hilo office conference room. Via Zoom were Leomana Turalde, Cortney Okumura and George
Donev. Absent and excused, Kean Umeda and Grayson Hashida. Dalilah Schlueter via Zoom.
AA: OK Dalilah, we’re ready. We get Brian over here too.
DS: OK, great - Hi everybody – so the Legislature passed Act 220 which changed our Sunshine Law
requirements slightly, it has allowed – said all meetings to be continued by electronic means, so
we can continue on by Zoom – so there’s kind of a two-part situation here. I’m gonna give you
Act 220 and those updates relevant to the board members – there’s additional updates that
you’re gonna see in some of the information that was provided to you – to have to do with
notice requirements and things – but that’s more something that my office will work with staff
to make sure it’s on the agendas and things like that, so the updates I’m gonna focus on are
what’s really important to you all as commissioners – as you appear from remote locations. So
the – what’s going to be permanent unless there’s another change to the law is that there’ll be
three options for meetings going forward. There’s the – everybody in person, again – there’s the
option to do multiple sites so some remote via Zoom, some in person and then there’s the
additional option of all remote. However, even in the all remote option there still has to be at
least one in person site for public to come into, um, and that’s something that we will make sure
and work out with staff. So unless the board is making different decisions as far as whether they
want to try and go back to in person or whatnot – we’ve got these three options to be
proceeding in meetings, however, as of right now under emergency proclamation all of the in
person meeting options have been suspended at least through the end of February at this point
in time and then we’ll see, you know, based on COVID and the different restrictions whether
we’ll be allowed to go into in person or utilize some of these different options going forward.
Now, one of the big things that you’re gonna see is that at the beginning of the meeting – when
the chair is introducing everyone – they’re going to have you be introduced and if you are in a
location where there’s multiple people around – it’s not like if you’re at work in your office and
there’s other people in the building – no need to tell us everyone in the building – but if there’s
someone in the room with you – you need to disclose who is in the room especially for purposes
if you are having other communications or whatnot, um, the only major item to focus on with
that is if we were – have a reason to go into an executive session then you have to either have
anybody in that room leave or put on headsets or something else – so that that executive
session is preserved. Now, in addition, at all times a minimum of a quorum must have their
cameras on at all times. So if there is at least a quorum with their videos on – other people can
either be on by phone or with their cameras off but at least as quorum must be present by video
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at all times. If there are technical issues – if peoples’ videos start going out – if that results in –
so if a couple of people are having IT issues and break off and can’t get back on for a while – as
long as we’ve got a quorum present we can proceed, however, if the quorum dropped – if we
don’t have a quorum then we will recess for up to 30 minutes to correct the IT issues. The
updates do provide – for example – if our Zoom link failed – for everyone to call into a different
like phone line – kind of phone bridge – whatnot – however that would have to be put on the
agenda – so at this point in time we don’t have that option but if we ever start getting into many
IT issues and whatnot we can discuss adding something like that to the agenda. But, so, for now
we drop under a quorum – we just take a 30-minute recess and if everybody can get back on –
great we proceed – if we can’t get everybody back on then we call it for that day and then take
up whatever hasn’t been discussed at the next meeting. That is really all of the board member,
chair people – sorry – I call you guys board members or chairpersons – sorry about that – but
those are the items that are most important to you folks. If you’ve got any questions please let
me know, I know we’ve provided you a ton of material from the entire overview of all Sunshine
Law – more than this – so if you go through the PowerPoint that was provided by my colleague –
Carol Wong – it’ll give you a nice, great refresher. If you’ve got any questions whatsoever, please
don’t hesitate to contact our office. Otherwise we are happy to guide you through anything that
we see issues on as we go along.
AA: OK. Dalilah, so just for everybody’s – what’s quorum?
DS: A quorum – let me…
AA: How much people in our Commission need to be seen?
DS: I believe – I’ve got to apologize because I was just pulling that up right before… So your full
membership that you’re entitled is nine. So five members is a quorum.
AA: OK. So just a reminder guys and gal – we need at least, like she said, five people live. So today
we get me and Brian in person – so at least three of you need to be live, or actually all is better.
And then we going have Kean come in via Zoom at 6:00p so we’re gonna have quorum.
DS: Excellent… Sorry, I didn’t think it was gonna take a half hour – it was a pretty quick brief one but,
um…
AA: Don’t worry… So the – all that information it was sent via email from here?
DS: It was sent via email from – it was supposed – did Barbara send it? It should have been sent with
your board packets from Barbara, but if there’s – if anybody doesn’t feel that they’ve gotten
everything I’m happy to email everyone.
AA: Yeah, I don’t think I got and Brian just said he doesn’t think he got it – because I don’t remember
seeing anything…
DS: OK. I’m gonna do a Reply All to, or… Yup, I’ve got everybody’s email here from Barbara’s email
so I’m gonna go ahead and send you guys out materials. Ah, Carol Wong prepared – she gave
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you a PowerPoint by PDF as well as a memo and I’m also gonna attach what I think it is easiest
to follow is a document prepared from the Office of Information practices – they’re the folks
that really govern how such a law is followed and violations of that so, um, I like their materials
that they put out – it really stays to the point – kind of gives you an outline and, like I said,
there’s more information than you folks are responsible for such as the notice provisions which
we work with the staff to ensure that, you know, the agendas are in compliance with things.
That concludes the updates that I needed to bring to your attention. Like I said – I can take
questions now… I’m always available for questions by email as well as our – my other colleagues
that work with you folks.
AA: OK. Thanks…
DS: You’re welcome…
BL: I’ve got a question if you don’t mind. Can we pick one of the three or can we just have a rolling
agenda as far as in person or remote or a combination of the two?
DS: The only reason that we need to have an idea ahead of time is that locations need to be
provided on the agenda so whatever the in person locations are would have to be posted
ahead of time whenever we publish your agenda which is at least six days prior to the meeting.
So, at the end of February – assuming that this suspension is lifted – you folks could essentially
decide what you want to do moving forward – do you guys want to either collectively or, you
know, the Chair can determine – do we want to try in person – do we want to do one of the
other options where it blends those options. And when we do have the mandatory – at least
one in person site…
Training session ended prior to the start of the regular commission meeting at 6:00pm meeting.
Chair Antonio thanked Dalilah for the presentation.
Respectfully submitted by,
B. Otani
Temporary Secretary
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