S Memo 14-11

Posted on Dec 27, 2013 in Informal Opinions - Sunshine Law

S Memo 14-11
December 27, 2013
Request for Investigation

Requester asked for a decision whether the Kauai County Board of Ethics (Board) violated the Sunshine Law, Part I of chapter 92, Hawaii Revised Statutes (HRS), by not allowing him to provide oral testimony on an agenda item discussed during a meeting of the Board held on October 14, 2011. 

OIP found that the Board failed to comply with section 92-3, HRS, by not affording Requester an opportunity to present oral testimony on an agenda item when it was discussed by the Board at its meeting on October 14, 2011.  Despite this violation of section 92-3, HRS, the Board did not take any final action on the agenda item at its October 14, 2011 meeting that may be voidable.  Instead, the Board considered the substance of the agenda item at a subsequent special meeting, at which Requester was allowed to testify.