Posted on Feb 2, 2007 in Formal Opinions

Opinion Letter No. 07-02
February 2, 2007
Sufficiency of Agenda Re: Motions to Reconsider

Several persons asked whether broad language included in all of the Hawaii County Council’s agendas provided sufficient notice under the Sunshine Law to allow the Council to consider and decide motions to reconsider final action taken on two legislative bills.

OIP concluded that the language, which generally noticed the possibility of reconsideration motions, did not provide sufficient notice to allow the Council’s substantive discussion, deliberation and decision on the motions to reconsider. OIP found that the Sunshine Law required the Council to specifically list the bills subject to the motions to reconsider.

OIP noted that the language did provide sufficient notice to allow the motions to be brought for the purpose of placing them on an agenda for a future meeting for which they could be properly noticed.

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