Posted on Jun 29, 2004 in Formal Opinions

Opinion Letter No. 04-10
June 29, 2004
Right to Testify on Agenda Items

A county charter provision barring county employees from representing private interests before a county agency does not conflict with the Sunshine Law. The Sunshine Law requires boards to provide an opportunity for members of the public to testify. It does not prevent an employer, whether government or private, from forbidding its employees to present testimony to a board.

However, if a county employee nevertheless seeks to testify before a county agency that is a board under the Sunshine Law, the board must allow that testimony as required by section 92-3, HRS.

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