The State Office of Information Practices has posted its first formal opinion for FY 2016 on its Opinions page at oip.hawaii.gov.
In formal Opinion Letter No. F16-01, OIP concluded that the Sunshine Law was not violated when three members of the Maui County Council and the Mayor attended the Kula Community Association Community Meeting because the Mayor is not considered a Sunshine Law board member and the three councilmembers constituted less than a quorum of the Council who could attend an informational meeting under section 92 2.5(e), HRS. Additionally, as required by the statute, the councilmembers’ attendance at the community meeting was subsequently reported to the entire Council. Finally, the Councilmembers’ report of their attendance at the Community Meeting was properly noticed on the agenda for the Council’s subsequent meeting in accordance with the Sunshine Law’s notice provisions in section 92-7, HRS, and the Sunshine Law does not require any Council deliberation of the report. Consequently, OIP concluded that there was no Sunshine Law violation.
Additional opinions can be found on OIP’s website, where you will find the full text of formal opinions and summaries of formal and informal opinions, which are posted after the ten work day period for reconsideration has passed.
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