S Memo 14-10

Posted on Dec 20, 2013 in Informal Opinions - Sunshine Law

S Memo 14-10
December 20, 2013
Board’s Closed Meeting to Approve and Execute 
a Final Order upon Remand

Requester asked for a decision as to whether the Contractors License Board (Board), Department of Commerce & Consumer Affairs (DCCA), violated the Sunshine Law by meeting in a closed session on October 18, 2013 for its members to approve and execute the Final Order upon Remand (Order upon Remand) concerning a petition for declaratory relief, specifically In the Matter of the Petition for Declaratory Relief of District Council 50 of the International Union of Painters and Allied Trades and Aloha Sales & Services, Inc. (Petition).      

OIP found that the Board was exercising its adjudicatory functions during its closed meeting when it approved and executed the Order upon Remand.  The Board did not violate the Sunshine Law’s open meeting requirements because the Board’s adjudicatory functions are exempt from these requirements under section 92-6, HRS.