HomeMy WebLinkAbout2019-03-01 Sunshine Law Overview presentation by Corporation Counsel
The Sunshine Law Part I of Chapter 92, HRSHawaii’s Open Meetings Law
What’s the purpose?participationpublic scrutiny and public Open governmental process to •Protect public’s right to know •
“\[I\]t is the policy of this State that possible.”shall be conducted as openly as --actions of government agencies deliberations, decisions and the discussions, --public policy the
formation and conduct of
Sunshine Law requires:Boards must keep minutes•Boards must provide notice•Boards must accept testimony•Every meeting must be open unless executive meeting is allowed•Discussions, deliberations
and decisions must be conducted at a meeting•
Sunshine Law requires:Boards must keep minutes•Boards must provide notice•Boards must accept testimony•Every meeting must be open unless executive meeting is allowed•Discussions, deliberations
and decisions must be conducted at a meeting•
“Board Business”the board in the foreseeable futureor reasonably anticipated to come before advisory power that are before the board supervision, control, jurisdiction or Matters over
which the board has •
“Board Business”On current or future agenda•Within the board’s authority•
“Board Business”On current or future agenda•authoritythe board’sWithin •
“Board Business”On current or future agenda•Within the board’s authority•
•No memos•mails-No e•No telephone discussions•No polling•No caucuses
Permitted Interactions Department head•Governor•Selection of officers•Present, discuss or negotiate•Investigate•2 members•
Permitted Interactions Cannot use serially•Cannot seek commitment•Cannot commit to vote•Communicate privately•2 Members-
Permitted Interactions meeting rd at a 3making-•meeting nd at a 2Findings and recommendations presented •meetingScope of investigation defined at a •Less than a quorum•Investigations-
Permitted Interactions meeting rd at a 3making -•meeting nd at a 2Findings and recommendations presented •meetingScope of investigation defined at a •Less than a quorum•Investigations-
Examples of “Investigation” confidential informationReceipt and consideration of •demonstrations Site inspections and product •Confidential interviews•Permitted Interactions
Executive Meetings Vote recorded and entered into minutes•Announce reasons for closed meeting•2/3 vote of board members present•Closed to public•
Executive Meeting Purposes matters confidential by law or court order•private donations and•sensitive matters relating to public safety•criminal misconduct•legal matters with board’s
attorney•negotiate purchase of landauthority of labor negotiator or person designated to •personnel matters•professional or vocational license applicants•
Limited Meetings No decisions made•Show video next time•2/3 Vote•OIP concurrence•Dangerous location OR public attendance impracticable•
Videoconference Meetings Meeting ends if audio interaction not maintained at all locations•Public can attend at any location•Notice where board members will be•Audio and visual interaction
at all locations•
Testimony All interested persons may present oral testimony on any agenda item.•All interested persons may submit written testimony on any agenda item. •
Testimony.any agenda itemAll interested persons may present oral testimony on •. any agenda itemAll interested persons may submit written testimony on •
Notice Requirements purpose and cite statutory basisfor executive meeting, must state •includes
agenda•date, time and place•written notice•
•Copy mailed to anyone so requesting•6 calendar days prior to meeting•(posted at meeting site when feasible)Filed with the Lieutenant Governor’s office and at the board’s office
Meeting Agenda meetingcan decide whether to participate in the board intends to consider so that the public To inform the public of the matters the •All items that the board intends
to consider•
Amending the Agenda will affect a significant number of people•of reasonably major importance, and •Cannot add item if:•membersallOnly with 2/3 vote of •
Emergency Meetings daysrequires meeting in less than 6 calendar ••welfare, orimminent peril to public health, safety and •
Minutes includedOther information that a member requests be •Record, by member, of votes•decidedSubstance of all matters proposed, discussed or •Members present/absent•Date, time and
place•participantsTrue reflection of matters discussed and views of •Written minutes required •
Minutes, continued…would defeat lawful purpose of meetingExecutive meeting minutes may be withheld for so long as publication •Public within 30 calendar days•
Need Help?OIP Website: oip.hawaii.gov•mail: oip@hawaii.gov-E•1400-586--AOD •