Posted on Dec 30, 2003 in Formal Opinions

Opinion Letter No. 03-22
December 30, 2003
Oahu Island Burial Council

The State Historic Preservation Division, Oahu Island Burial Council (“Burial Council”) convened an executive meeting on March 12, 2003, under section 92-5(a)(4), HRS, which allows a board subject to the Sunshine Law to have executive meetings to consult with the board’s attorney on the board’s powers, duties, privileges, immunities, and liabilities. The meeting was improper because no attorney was present or otherwise participated in the meeting.

In addition, the Burial Council should have allowed individuals present at a meeting to testify, even though they had testified at prior meetings, because boards are required by section 92-3, HRS, to allow written and oral testimony on all agenda items for public meetings.

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