HOUSE OF REPRESENTATIVES

H.B. NO.

1611

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the sunshine law.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the Sunshine Law, part I of chapter 92, Hawaii Revised Statutes, was intended to create transparency in government operations by public officials, both elected and appointed, and to establish procedures to ensure that the public’s business is conducted in view of and with the participation of members of the public.

The legislature recognizes that there are many public gatherings and community events to which officials of deliberative bodies are invited.  Officials may wish to attend these gatherings and events for educational purposes and to facilitate community participation and constituent services.

     The legislature also recognizes that there are professional-association conferences and other professional-development seminars to which public officials are invited, based on the officials’ expertise or participation in public-policy formulation.  Attendance at such conferences and seminars can help the officials attain a deeper understanding of issues, develop mutually beneficial relationships with peers in other jurisdictions, and foster the acquisition and enhancement of technical expertise.

     The legislature further recognizes that the Sunshine Law’s six-day-notice requirement for public meetings was established prior to the advent of e-mail communication, when members of the public generally had to rely on the postal service for the delivery of meeting agendas.  In recent years, state and county boards have developed the ability to provide meeting agendas to members of the public via e-mail on the same day that the agendas are physically posted in a government office.  With the ability to immediately transmit meeting agendas electronically to interested members of the public, the six-day-notice requirement is antiquated, excessive, and unduly slows the deliberative process, causing the public to lose faith in government.  Establishing a four-day-notice requirement and allowing for the delivery of agendas by e-mail would afford state and county boards the ability to act more quickly and effectively, while preserving the public’s right to know.

The purpose of this Act is to:

     (1)  Allow the participation by members of a public-policy deliberative body in a public gathering or community event not focused on matters currently under official deliberation or pending action;

     (2)  Allow the participation by members of a public-policy deliberative body in professional-association conferences and professional-development seminars with a publicly accessible report of their activities; and

     (3)  Allow notices of public meetings to be posted four days prior the meetings and to be delivered by e-mail to interested members of the public.

     SECTION 2.  Section 92-2.5, Hawaii Revised Statutes, is amended to read as follows:

     "§92-2.5  Permitted interactions of members.  (a)  Two members of a board may discuss between themselves matters relating to official board business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought and the two members do not constitute a quorum of their board.

     (b)  Two or more members of a board, but less than the number of members which would constitute a quorum for the board, may be assigned to:

     (1)  Investigate a matter relating to the official business of their board; provided that:

         (A)  The scope of the investigation and the scope of each member's authority are defined at a meeting of the board;

         (B)  All resulting findings and recommendations are presented to the board at a meeting of the board; and

         (C)  Deliberation and decisionmaking on the matter investigated, if any, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the findings and recommendations of the investigation were presented to the board;

          or

     (2)  Present, discuss, or negotiate any position which the board has adopted at a meeting of the board; provided that the assignment is made and the scope of each member's authority is defined at a meeting of the board prior to the presentation, discussion or negotiation.

     (c)  Members of a board may individually or jointly attend public gatherings and community events; provided that the public gathering or community event does not directly relate to any specific matter over which the board is currently exercising its adjudicatory, advisory, or legislative function.

     (d)  Members of a board may individually or jointly attend professional-association conferences and professional-development seminars; provided that any attending members shall provide to the board’s presiding officer a report summarizing each conference and seminar within a reasonable period of time.

    [(c)] (e)  Discussions between two or more members of a board, but less than the number of members which would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting.

    [(d)] (f)  Discussions between the governor and one or more members of a board may be conducted in private without limitation or subsequent reporting; provided that the discussion does not relate to a matter over which a board is exercising its adjudicatory function.

    [(e)] (g)  Discussions between two or more members of a board and the head of a department to which the board is administratively assigned may be conducted in private without limitation; provided that the discussion is limited to matters specified in section 26-35.

    [(f)] (h)  Communications, interactions, discussions, investigations, and presentations described in this section are not meetings for purposes of this part."

     SECTION 3.  Section 92-7, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (b) and (c) to read:

     "(b)  The board shall file the notice in the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office for public inspection, at least [six] four calendar days before the meeting.  The notice shall also be posted at the site of the meeting whenever feasible.

     (c)  If the written public notice is filed in the office of the lieutenant governor or the appropriate county clerk's office less than [six] four calendar days before the meeting, the lieutenant governor or the appropriate county clerk shall immediately notify the chairperson of the board, or the director of the department within which the board is established or placed, of the tardy filing of the meeting notice.  The meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held."

     2.  By amending subsection (e) to read:

     "(e)  The board shall maintain a list of names and addresses, including electronic-mail addresses, of persons who request notification of meetings and shall mail or send by electronic-mail a copy of the notice to such persons at their last recorded address [no later than the time] or electronic-mail address on the same day the agenda is filed under subsection (b)."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.   This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

The Sunshine Law; Public Notices of Board Meetings

 

 

Description:

Allows board members to attend public gatherings, community events, professional-association conferences, and professional-development seminars. Allows notice of board meetings to be filed at least four calendar days before the meeting and notice of board meetings by e-mail.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.