2003-02 OIP Opinion Re Executive Meetings

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OJNZYfOF N,�' Lincoln S.T. Ashida Harry Kim = �6,;; Corporation Counsel Mayor Gerald Takase Assistant Corporation ,TE OFM► Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 July 17, 2003 MEMORANDUM 2003-2 TO: HAWAII COUNTY COUNCIL ALL COUNTY BOARDS AND COMMISSIONS FROM: LINCOLN S. T. ASHIDAVjk Corporation Counsel RE: Opinion from Office of Information Practices regarding Executive Meetings We recently received the enclosed opinion from the Office of Information Practices (hereinafter "OIP") concerning the propriety of non-Council and non- board members attending executive (closed) meetings. While I believe our County Council and boards and commissions are already compliant with the requirements of the state Sunshine Law as well as our County Charter, I thought this would be a good time to review the limitations placed upon executive meetings by our laws. With respect to who may attend executive meetings (other than Council or board/commission members), the OIP opines that non-members may attend where (1) they are "necessary to assist in considering an agenda item;" and/or (2) they are performing administrative support (such as recorders and secretaries). Thus, caution should be deployed by all boards in preliminarily ascertaining that all persons present during an executive meeting are in fact necessary in order for the board to consider an agenda item. Having a non-board member "sit in" so he or she may know what is going on with a particular issue, in and of itself, may be repugnant to the Sunshine Law, and consequently be illegal. However, if questions are directed towards that non-board member, and his or her responses are deemed necessary for the board to consider an agenda item, the attendance of that person is allowed.