HomeMy WebLinkAboutCOMM. 018 Hookano, L - Minutes
EDMUND HAITSUKA
Chairman
DAVID FUERTES
Vice Chair
DAPHNE HONMA
CASEY JARMAN
JAMAE KAWAUCHI
JOSEPH KEALOHA
ALAPAKI NAHALE-A
SUSIE OSBORNE
TODD SHUMWAY
SCOTT UNGER
2009-2010
HAWAI‘I COUNTY
CHARTER COMMISSION
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TO: Members of the Hawai‘i County Charter Commission
FROM: Levi Hookano, Commission Attorney
DATE: June 4, 2009
RE: Testimony from Margaret Wille dated June 3, 2009
Members of the Hawai‘i County Charter Commission,
This communication is to address some of the concerns of Ms. Margaret Wille as
contained in her testimony dated June 3, 2009 and to assuage any concerns the Commission may
have due to her testimony. Ms. Wille is “disturbed” that as of June 3, 2009, the minutes from the
May 8, 2009 Charter Commission meeting were not yet available online. There is no
requirement in the Hawai‘i Revised Statutes that the minutes of a board or commission be posted
online and the Commission is not in violation of any laws.
All that is required by law is that the minutes be available to the public within thirty
days.1 As a convenience, we have been posting the Commission minutes online after they have
been approved by the Commission so as to provide the most accurate record of the meeting to
the public. The law does not require that minutes be approved by the Commission prior to their
disclosure. Once any notes and transcripts have been complied into “draft minutes” then that
document becomes a government record subject to disclosure.2
Essentially, Ms. Wille has requested that the Commission post the draft minutes on the
Charter Commission’s website. It is at the Commission’s discretion to do so as a matter of
convenience. OIP has recommended that if the Commission is to provide draft minutes, then it
should be clearly marked as such so that the public is on notice that the minutes may be corrected
or amended at a later date.3 If Ms. Wille wishes to obtain any draft minutes of a meeting prior to
the approval of the Commission and before the minutes are posted to the website, she is free to
request a copy from Commission Secretary Karen Eoff directly. Ms. Eoff, however, is not
1 Haw. Rev. Stat. § 92-9(b).
2 OIP Op. Ltr. 02-06.
3 Id.
required to provide them until her work is complete or until the thirty day time limit has been
reached, whichever occurs first.
If you have any questions or concerns regarding this issue, please do not hesitate to
contact me.
Levi Hookano
Commission Attorney
Xc: Karen Eoff, Commission Secretary
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