S Memo 12-7

Posted on Dec 20, 2011 in Informal Opinions - Sunshine Law

S Memo 12-7
December 20, 2011
Amendment of Agendas

A requester asked whether the Ala Moana-Kakaako Neighborhood Board (AMKNB) violated the Sunshine Law by amending its Regular Meeting Agenda (Agenda) during its meeting held on October 25, 2011, to add Bill 54 of the Honolulu City Council for discussion and action.

The Sunshine Law requires that boards give written public notice of meetings which shall include an agenda listing all items to be considered. HRS § 92-7(a). The Sunshine Law also provides that a filed agenda may be amended to add an item by a two-thirds recorded vote of all members to which the board is entitled, “provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons.” HRS § 92-7(d) (emphasis added).

OIP found that AMKNB’s Agenda amendment violated the Sunshine Law because Bill 54 was an item of reasonably major importance and action upon it affected a significant number of persons.