Sunshine Law
EMERGENCY ALERT:
On March 16, 2020, the Uniform Information Practices Act (Modified), chapter 92F, HRS (UIPA), was temporarily suspended in its entirety and the Sunshine Law, part I of chapter 92, HRS, was partially suspended by the Supplementary Proclamation of Governor Ige, The March 16 Supplemental Proclamation was extended until May 31, 2020, by the Governor’s Sixth Supplementary Proclamation dated April 25, 2020. Because the UIPA was suspended in its entirety, OIP’s powers and duties found in part IV of chapter 92F, HRS, were also suspended.
On May 5, 2020, with the Governor’s Seventh Supplementary Proclamation for COVID-19 (see Exhibit H on pages 73-75), OIP’s powers and duties found in part IV of the UIPA were restored, except that the UIPA and OIP’s rules “are suspended to the extent they contain any deadlines for agencies, including deadlines for the OIP, relating to requests for government records and/or complaints to OIP.” The partial suspensions of the Sunshine Law and UIPA were continued in subsequent proclamations, the latest being the Governor’s Nineteenth Supplementary Proclamation at Exhibit E, dated April 9, 2021, which continued the modified suspension through June 8, 2021.
The partial suspension of the Sunshine Law can be viewed in the Nineteenth Proclamation Related to the COVID-19 Emergency at Exhibit E. It is also summarized on our homepage at: oip.hawaii.gov. OIP urges government agencies and boards to also do what they can to keep the public informed and, to the extent possible, allow for remote participation at public meetings using technology, such as livestreaming, teleconferencing, or other forms of online virtual meetings. OIP’s Tips for Holding a Virtual Public Meeting and other guidance can be found on OIP’s Sunshine Law or Training pages.
OIP has also proposed legislation that would amend the Sunshine Law to allow remote meetings (popularly referred to as “virtual” meetings) to continue once the Governor’s emergency orders are lifted. For the 2021 legislative session, the status of Senate Bill 1034 may be viewed on the Legislature’s website at Capitol.Hawaii.gov.
OIP’s Tips for Holding a Virtual Public Meeting – April 16, 2020
The Sunshine Law is Hawaii’s open meetings law. It governs the manner in which all state and county boards must conduct their official business. The Office of Information Practices (“OIP”) has been the agency in charge of administering the Sunshine Law since 1998.
The Sunshine Law is codified at part I of chapter 92, Hawaii Revised Statutes. See below for an unofficial version of the law.
The Law
Chapter 92: Public Agency Meetings and Records
Act 244, SLH 2019 (effective July 2, 2019)
Act 64, SLH 2017 (effective July 1, 2018)
Rules
Rules
Sunshine Law Guide
Open Meetings: Guide to the “Sunshine Law” for State and County Boards – rev July 2019
Open Meetings: Guide to the “Sunshine Law” for Neighborhood Boards – rev July 2019
Basic Sunshine Law Training Video
2-part “Basic Sunshine Law” video and training materials, approx. 1.5 hours. (part 2 revised July 2019)
(For a transcript, please contact OIP.)
Sunshine Law Test
The state Office of Information Practices (OIP) invites you to test your knowledge of Hawaii’s Sunshine Law requiring open public meetings. Certification is given for a passing score (70%) at the end of the test. There are ten questions (multiple choice and true/false), randomly chosen, about the following areas: (1) minutes, (2) meetings & testimony, (3) closed meetings, (4) outside a meeting, and/or (5) notice and agenda.
Additional Sunshine Law Guidance:
- 2018 Sunshine Law Revisions
Quick Review: Sunshine Law Revisions Effective July 1, 2018
- Executive Meetings
Quick Review: Executive Meetings Closed to the Public – July 2019
Summary of the Hawaii Supreme Court’s Opinion on Executive Meeting Requirements - Who Board Members Can Talk to and When:
Quick Review: Who Board Members Can Talk to and When, Part 1 – rev July 2018
Quick Review: Who Board Members Can Talk to and When, Part 2 – rev May 2014
Quick Review: Who Board Members Can Talk to and When, Part 3 – August 2013
Quick Review: Roundtable Discussions with Multiple Boards Subject to the Sunshine Law – March 2017 - Meeting Notices and Agendas
Quick Review: Sunshine Law Meeting Notice Requirements – rev July 2019
Agenda Guidance for Sunshine Law Boards – rev July 2019 (note: the Public Meeting Notice Checklist attached at the end of the guidance is the July 2019 version)
State Calendar
Visit the State Calendar to view meeting notices of state boards and commissions. With the calendar you can select a single agency or select “ALL” to see a calendar of all meetings. Please note: the State Calendar is maintained by the Department of Accounting and General Services.
Executive Memo 11-11 – Nov. 2011
Quick Review: Continuance of a Meeting Under the Sunshine Law – rev July 2018
Hawaii Supreme Court Sunshine Law Decision in Kanahele v. Maui County Council
Regarding meeting continuances and board communications. - Meeting Minutes
Quick Review: Sunshine Law Requirements for Public Meeting Minutes – rev July 2018 - Audio- or Videoconferenced Meetings
Quick Review: Audio- or Videoconferenced Meetings – June 2016 - State Legislative Issues and Measures
Quick Review: Sunshine Law Options to Address State Legislative Issues and Measures – rev July 2018
Sunshine Law Forms for Boards:
- Public Meeting Notice Checklist (pdf) – rev July 2019
- Request for OIP’s Concurrence for a Limited Meeting (11/11) (MS Word) – fillable form
- Notice of Continuance of Meeting (MS Word) – Jan. 2014
- Checklist and County Council’s Request to Waive Videotaping of a Meeting
as Guests of a Board or Community Group (MS Word – fillable form) – Mar. 2015 - Checklist and County Council’s Request to Waive Videotaping of a Meeting
as Guests of a Board or Community Group (pdf – fillable form) – Mar. 2015
APPEALS:
Guide to Appeals to the Office of Information Practices
This guide, in a question and answer format, provides an introduction to the process of administrative appeals to the Office of Information Practices (OIP) from government agency decisions under the Uniform Information Practices Act (UIPA), the Sunshine Law, and certain decisions of the State Department of Taxation to grant or deny access to their records.2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii’s Office of Information Practices
A law review article by OIP Director Cheryl Kakazu Park and Staff Attorney Jennifer Brooks first published at 36 University of Hawai’i Law Review 271 (Winter 2014), which explains the administrative rules regarding appeals to OIP in UIPA and Sunshine Law cases, as well as the law allowing agencies to appeal to the courts from OIP’s decisions.