S Memo 10-6

Posted on Mar 1, 2010 in Informal Opinions - Sunshine Law

S Memo 10-6
March 1, 2010
Appropriateness of Executive Session

Requester asked for an investigation into whether the Hawaii Historic Places Review Board (HHPRB) violated the Sunshine Law by going into executive session to discuss “how to get through the entire agenda in a timely fashion before they lost quorum.”

The Sunshine Law allows boards to meet in an executive meeting for a limited number of purposes. HRS § 92-5. The purpose stated by the HHPRB is not one of the permitted purposes. OIP found therefore that the Board’s executive meeting on August 8, 2009, was not allowed under the Sunshine Law.

Upon being made aware of the violation, the DLNR asked OIP to provide training to its Board and staff on the Sunshine Law. OIP has since provided training, including the proper reasons for meeting in an executive session and minutes requirements.