S Memo 10-2

Posted on Jul 8, 2009 in Informal Opinions - Sunshine Law

S Memo 10-2
July 8, 2009
Permitted Interaction Group

A member of the public asked whether the Neighborhood Commission, City & County of Honolulu (the “Commission”) violated the Sunshine Law in the formation of a permitted interaction group to review minute-taking processes for the neighborhood boards (the “Minutes PIG”), and by the Commission’s actions in approving the Minutes PIG’s recommendations.

Specifically, the requester asserted that: (1) the Minutes PIG’s composition was set up outside of an on open meeting; (2) the Minutes PIG’s name and function were changed without official notice and action; and (3) the Commission improperly adopted the Minutes PIG’s recommendations immediately after the report was made and without proper notice to the public. The requester also asked that OIP determine if the Commission’s members (with the exclusion of one Commissioner) willfully violated the Sunshine Law.

Based upon its review of the Commission agendas and minutes, OIP found that the Commission failed to meet certain requirements necessary to create, operate and act on the recommendations of the Minutes PIG as set out in the opinion. However, OIP found that the facts presented did not evidence willful violation of the Sunshine Law by any Commission member.