HOUSE OF REPRESENTATIVES

H.C.R. NO.

303

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting the university of hawaii to sponsor a series of public policy dialogs on open government.

 

WHEREAS, most citizens believe that open government is important for the maintenance and success of a strong democracy and a civil society; and

WHEREAS, the Legislature expressly declared in section 92-1, Hawaii Revised Statutes, that "it is the policy of this State that the formation and conduct of public policy – the discussions, deliberations, decisions, and action of government agencies – shall be conducted as openly as possible"; and

WHEREAS, Hawaii's open meetings law under chapter 92, part I, Hawaii Revised Statutes, more commonly known as the Sunshine Law, governs the manner in which state and county boards must conduct their business; and

WHEREAS, the intent of the Sunshine Law statute is to open up the government process as much as possible for public scrutiny and participation; and

WHEREAS, in implementing this policy, the Legislature directed under the provisions of the Sunshine Law that boards must conduct their business in a public meeting, including all board discussions, deliberations, decisions, and actions, provided that the business of the board does not meet any of exceptions under the Sunshine Law; and

WHEREAS, absent a specific statutory exception, board business cannot be discussed in secret, without public access to the board's discussions, deliberations, and decisions, without keeping minutes of the meetings, and without an opportunity for the public to submit testimony; and

WHEREAS, several board members have complained about some of the Sunshine Law requirements being too stringent, and have suggested that certain types of board business be exempt from the Sunshine Law provisions; and

WHEREAS, a number of critics of the Sunshine Law have called for a review of the Sunshine Law to determine if additional exemptions are needed to allow members to discuss board business outside of a meeting; and

WHEREAS, some Sunshine Law critics have interpreted Chapter 92, Hawaii Revised Statutes as creating barriers to innovative forms of democracy that will bring citizens to the cutting edge of governance; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the University of Hawaii College of Social Sciences Public Policy Center is requested to hold a series of public policy dialogs on the Sunshine Law; and

BE IT FURTHER RESOLVED that the series of public policy dialogs be designed to include representatives of the major stakeholders interested in this issue, including the Office of Information Practices; the Open Government Coalition of Hawaii; the League of Women Voters of Hawaii; the Society of Professional Journalists, Hawaii and University of Hawaii Chapters; the Right To Know Committee; the Honolulu Community Media Council; the Big Island Press Club; Citizen Voice; the Hawaii Pro-Democracy Initiative; Kauaians for Open Government; the four County Councils; neighborhood boards; charter school boards; school community councils; the Board of Education; and the Board of Regents; and

BE IT FURTHER RESOLVED that the series of public policy dialogs are also to include other legal entities, including the Attorney General, the County Corporation Counsel Offices, and the Legal Affairs and University General Counsel Office, and the various boards such as, the Board of Land and Natural Resources, the Board of Agriculture, and the Natural Energy Laboratory of Hawaii Authority; and

BE IT FURTHER RESOLVED that the Public Policy Center is requested to report findings and recommendations that outline the areas of consensus, the remaining areas that need further dialog, any suggestions for improvements or amendments to the Sunshine Law, and other strategies and options relating to open government initiatives to the Legislature no later than twenty days before the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the University of Hawaii; the Director of the Office of Information Practices; the Attorney General; the Chairperson of the Board of Agriculture; the Chairperson of the Natural Energy Laboratory of Hawaii Authority; the Chairperson of the Board of Education; the Chairperson of the Board of Land and Natural Resources; the Chairperson of the Board of Regents; the Chairperson of the Honolulu City Council; the Chairperson of the Hawaii County Council; the Chairperson of the Kauai County Council; the Chairperson of the Maui County Council; the Corporation Counsel for the City and County of Honolulu; the Corporation Counsel for Hawaii County; the Office of the Kauai County Attorney; the Corporation Counsel for Maui Counsel; the Chairperson of the City and County of Honolulu Neighborhood Commission Office; the President of the Open Government Coalition of Hawaii, the President of the League of Women Voters of Hawaii; the President of the Society of Professional Journalists, Hawaii Chapter; the President of the Society of Professional Journalists, University of Hawaii Chapter; the Chairperson of the Right To Know Committee; the Chairperson of the Honolulu Community Media Council; the President of the Big Island Press Club; the President of Citizen Voice; the President of the Hawaii Pro-Democracy Initiative; and the President of Kauaians for Open Government.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Sunshine Laws; Public Access; Boards and Commissions