In-Depth Sunshine Law Requirements for Multi-site and Remote Meetings

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In-Depth Sunshine Law Requirements for Multi-site and Remote Meetings, Effective January 1 , 2022 (October 2021) Act 220, Session Laws of Hawaii 2021, amended the Sunshine Lawto allow public meetings to be remotely conducted online, effective January 1, 2022. This summary of the new multi-site and remote meeting provisions explainsthe reasonswhy the Sunshine Lawwas amended to allowfor remote meetings and describesthe different meeting options now available underthe Sunshine Law. Before the COVID-19 pandemic,the Sunshine Law allowed boards to use interactive conference technology (ICT) to connect multiple public meeting siteswhere board members would be physically present. ICT was defined in section 92-2, Hawaii Revised Statutes (HRS), as "any form of audio or audio and visual conference technology, including teleconference,videoconference, and voice over internet protocol, that facilitates interaction between the public and board members." While meetings could be conducted using ICT, including an audio-only connection, board members were still required to be present in person atone of the noticed public meeting sites, with a limited exception for disabled members. The pandemic, however, forced the implementation of emergency measures that suspended the requirement for board members to meet in person at public meeting sites. These measures allowed meetings using ICT in which board members and the public could participate remotely online from their private homes, businesses, orother locations (remote meetings)and thus enabled boards to conduct necessary business while protecting participants' health and safety and expanding public access to meetings throughoutthe State. Recognizing thatremote meetings had proved viable and popular for Sunshine Law boards, the 2021 Legislature passed Senate Bill 1034, S.D. 1, H.D. 2, C.D. 1, which was enacted as Act 220 and can be found on OIP's Legislation page. Act 220 slightly amended the ICT definition' and created anew section in the Sunshine Law that allows boards to hold remote meetings for which board members are not required to attend at an in-person meeting site, although the board must still provide an in-person site for members of the publicwho have no desire or ability to participate using ICT. Act 220 also established new requirements for remote meetings and anew notice requirementfor all meetings subject to the Sunshine Law. As amended, the Sunshine Law's requirements for holding meetings using ICT are summarized below. I. Three Options to Hold Public Meetings As amended by Act 220, Section 92-2, HRS, defines ICT as "any form of audio and visual conference technology,or audio conference technology where permitted under this part, including teleconference,videoconference, and voice over internet protocol, that facilitates interaction between the public and board members." The effect is to generally require some level of board member visibility for remote meetings. In-Depth Sunshine Law Requirements for Remote Meetings, Effective 1/1/2022 Page 1