92-27Posted on Dec 30, 1992 in Formal Opinions
Opinion Letter No. 92-27
December 30, 1992
Minutes of Public Meetings
[Please note that opinions discussing the deliberative process privilege have been materially affected by the Hawaii Supreme Court’s majority opinion in Peer News LLC v. City and County of Honolulu, 143 Haw. 472 (Dec. 21, 2018).]
The final draft minutes of a meeting of the Board of Trustees (Board) of the State Employees’ Retirement System (ERS), which are presented to the Board for approval at its next meeting, must be made available for public inspection and copying upon request. In previous opinions, the OIP determined that under the UIPA certain “draft” agency records may be withheld to avoid the “frustration of a legitimate government function.” However, in this case, the deliberative process involved in producing the official version of the minutes is conducted openly at a public agency meeting.’
The OIP also found that the minutes of ERS meetings required to be public by chapter 92, Hawaii Revised Statutes, must be made available upon the Board’s approval of the proposed minutes, regardless of the fact that the 30-day period set forth in section 92-9(b), Hawaii Revised Statutes, for the preparation of minutes, has not yet expired. If the proposed minutes are approved with amendments or corrections, then the approved minutes shall be made available upon amendment or correction by the agency.