Office of Information Practices

S Memo 09-11
March 3, 2009
Testimony Limitation, Executive Meeting for Attorney Consultation, and Minutes

A member of the public asked whether certain actions taken by the Cost of Government Commission, County of Maui (“COGC”), including its staff and deputy Corporation Counsel, violated the Sunshine Law.

OIP concluded that COGC failed to comply with the UIPA and the Sunshine Law’s requirement to make minutes available within thirty days after a meeting when COGC’s basis for its refusal was that the minutes had not yet been approved.

OIP found no other violation of the Sunshine Law to have occurred. Specifically, COGC had complied with the Sunshine Law by allowing Requester to provide testimony on a matter that OIP determined did fall within the scope of an agenda item. COGC also properly held an executive session for the purpose of consulting with its legal counsel as permitted by HRS § 92-5(a) (4). COGC was not required to accommodate a standing request for minutes not yet created.