S Memo 12-8

Posted on Dec 30, 2011 in Informal Opinions - Sunshine Law

S Memo 12-8
December 30, 2011
Council Selection of Successor Councilmember

A requester asked for an investigation into whether the Kauai County Council violated the Sunshine Law with regards to its selection of KipuKai Kualii as the successor councilmember when then Councilmember Derek Kawakami was appointed by the Governor to the State House of Representatives.

Because OIP was not presented with any specific facts indicating that councilmembers discussed the successor selection before the Council’s meeting, and because OIP believed there is a plausible alternative explanation for the Council’s apparent assumption that Mr. Kualii was likely to be selected, OIP could not conclude that the Council’s selection of Mr. Kualii was the result of improper discussions, including possible serial one-on-one communications.