S Memo 14-1

Posted on Jul 9, 2013 in Informal Opinions - Sunshine Law

S Memo 14-1
July 9, 2013
Board Consideration of Matters Made Confidential 
by the Procurement Code      

DLNR asked for an opinion on whether Legacy Land Conservation Commission (LLCC) may enter into executive meetings under Sunshine Law to make recommendations on procurement proposals submitted in accordance with the Procurement Code, chapter 103D, HRS.

The Procurement Code expressly exempts “discussions, deliberations, or decisions required to be conducted or made confidentially under” the Procurement Code from the Sunshine Law.  HRS § 103D-105 (2012).  OIP advised that whenever the LLCC is engaged in discussions, deliberations, or decisions that are required to be confidentially conducted or made under the Procurement Code, it is not required to follow the Sunshine Law.