S Memo 12-9Posted on Dec 29, 2011 in Informal Opinions - Sunshine Law
S Memo 12-9
December 29, 2011
Whether the Maui Master Gardener Advisory Board
Is a Board Subject to the Sunshine Law
A requester asked whether the Maui Master Gardener Advisory Board (MMGAB) is a board subject to the Sunshine Law.
OIP found that the Maui Master Gardener Advisory Board is not a board subject to Hawaii’s Sunshine Law because it was not created by constitution, statute, rule or executive order.
The Sunshine Law governs the interactions of boards and board members in order to open up governmental processes to public scrutiny and participation. Haw. Rev. Stat. § 92-1. In order to be a “board” under the Sunshine Law, a body must have five elements: (1) be an agency, board, commission, authority, or committee of the State or its political subdivisions; (2) created by constitution, statute, rule, or executive order; (3) have supervision, control, jurisdiction or advisory power over specific matters; (4) be required to conduct meetings; and (5) be required to take official actions. Haw. Rev. Stat. § 92-2(1); OIP Op. Ltrs. No. 08-02 at 3-4; 05-01 at 4; 01-01 at 11.